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By clicking the button marked “I Agree,” you agree to be bound
by these terms and conditions of use. Clicking the button constitutes an electronic
signature that, under state and federal law, is just as binding as a manual
signature in ink on paper. If you are using this site or any related materials
on behalf of an employer or other organization, you represent and warrant that
you have the authority to bind your employer or the organization to these terms
and conditions of Use
General Information
These are the terms and conditions that apply to the domain(s) below. We
refer to the web site(s) accessible through the domain(s) and all related web
sites as “sites” and to each of them as a “site.”
http://idsacademy.com
http://drc.idsacademy.com
http://support.idsacademy.com
http://ids-astra.com
When we refer to “we,” “us,” or “our,” we
mean Brunswick Corporation, a corporation incorporated under the laws
of the state of Illinois, or the specific division, subsidiary, or affiliate
that operates a site, provides its content, or processes information received
through it, each as appropriate and applicable.
When we refer to “you” or “your,” we mean the person
accessing the site. If the person accessing the site does so on behalf of,
or for the purposes of, another person, including a business or other organization, “you” or “your” also
means that other person, including a business organization.
Agreement to be Bound
By accessing this or any other site, continuing to access this or any
other site, or downloading materials from this or any other site, you agree
to abide by the terms of use described in this notice. If you do not agree
to abide by these terms of use, do not use any site or download materials from
any site.
Copyrights and Other Intellectual Property
This site is ©1999-2006 by us and we reserve all rights. You may
inquire about rights to reproduce content from this site by e-mailing our copyright
clearance area.
ALL RIGHTS IN ALL MATERIALS POSTED ON SITES EITHER BELONG TO US OR ARE LICENSED
BY US WITH THE RIGHT TO SUE AND OTHERWISE ENFORCE INTELLECTUAL PROPERTY RIGHTS
IN SUCH MATERIALS. YOU MAY NOT COPY ANY MATERIAL FROM ANY SITE WITHOUT OUR
EXPRESS PERMISSION IN FOR FORM OF A RECORD SIGNED BY US.
Trademarks of others are the property of their respective owners. These include
Microsoft® Corporation (as to Word®, Excel®, Access®, and PowerPoint®).
We make no claim to the trademarks of others.
DMCA Copyright Notifications
We do not knowingly permit anyone to post materials on a site where such
posting would violate copyright or other applicable law, including the Digital
Millennium Copyright Act (“DMCA”) (including 17 USC § 512).
If you are a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed by any material on any site, you may notify
us of claimed infringement by sending to us a notice containing the following
elements.
(i) A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works at the site.
(iii) Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or access to
which is to be disabled, and information reasonably sufficient to permit us
to locate the material.
(iv) Information reasonably sufficient to permit the us to contact the complaining
party, such as an address, telephone number, and, if available, an electronic
mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use
of the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate and,
under penalty of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
Our designated agent for receipt of such notices is:
Privacy Liaison
Brunswick Corporation
1 North Field Court
Lake Forest, IL 60045
Phone: (847) 735-4700
Fax: (847) 735-4765
bntprivacy@brunswick.com
Limited License
Subject to these terms of use, we grant to you a non-exclusive, non-transferable,
limited right to access the sites and the materials thereon. You may use the
sites for informational purposes and in connection with the purchase of products
or services from us.
No Interruption
You agree not to interrupt or attempt to interrupt the operation of any
site in any way.
Use of Materials
We authorize you to view and download materials from the sites only for
your use in connection with the purchase or evaluation of our products and
services or in the exercise of any membership rights described in any of the
sites. This authorization is not a transfer of any rights in the materials
other than those expressly granted. Any copies you make of the materials (including
by printing or by retaining electronic copies) are subject to the following
restrictions.
(1) you may not remove, or disassociate, from any of the materials any copyright
or other proprietary notices contained in the materials;
(2) you may not modify, reproduce, display, perform, distribute, prepare
derivative works from, or otherwise use the materials for any purpose not expressly
permitted by these terms of use; and
(3) you may not transfer the materials to any other person unless you give
them notice of, and they agree to accept, the obligations arising under these
terms of use.
Information Posted on the Site
Except as expressly requested in a site, you should not provide to us any
information that you do not want published on a site or presented to other
users of a site. To the extent that you provide to us any information by posting
it on the site or submitting to us any information for posting on the site
(including text, graphic materials, audio, or any other materials):
(1) You represent and warrant to us and to all others that access any site
that you own, or possess sufficient rights in, all such information and all
such parties may regard such information as publicly disclosable and, in any
case, not your confidential information;
(2) You represent and warranty that you have the authority to grant to us
the right to use the likeness of any person appearing in any graphic material
in the commercial promotion of our products and/or services and you grant to
us that right;
(3) You grant to us an exclusive, irrevocable, worldwide, fully-paid, royalty-free
license to use, reproduce, display, publicly perform, prepare derivative works
from, transmit and distribute such information as we see fit;
(4) You grant to us the right to sue or to otherwise enforce all intellectual
property rights in such materials (including the right to sue for past infringement)
including, without limitation any user of a site or other person who copies,
replicates, duplicates, or windows any such materials; and
(5) We are free to use any ideas, concepts or know-how contained in such
information without any compensation or remuneration to you.
CAN-SPAM, Telephone Consumer Protection Act and Similar Law.
Your use of a site establishes a business or other applicable relationship
with us for purposes of CAN-SPAM, the Telephone Consumer Protection Act, and
all other applicable law that addresses unsolicited commercial communications.
By accessing, or continuing to access, this site, you agree that we or our
agents may call, e-mail, or otherwise communicate with you regarding promotion
of the sale, lease, or exchange of goods, services, real property, or any other
thing of value.
Misuse of the Sites
You may not make any statements on, or provide or post any information
to, a site that is defamatory, threatening, obscene, harassing, or otherwise
unlawful, or that incorporates the proprietary material of another.
Disclaimer of Warranties
THE SITES AND ALL MATERIALS AVAILABLE ON OR THROUGH THEM ARE PROVIDED
WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY, AND EFFORT IS WITH THE USER. WE FURTHER DISCLAIM ALL IMPLIED WARRANTIES
AS TO INFRINGEMENT OR MISAPPROPRIATION, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE.
Revisions to Terms of Use
We reserve the right, at our sole discretion and without any notice, to
change, modify, add or remove any portion of these terms and conditions at
any time. Changes in these terms and conditions will be effective when the
revised terms and conditions are posted. Your use or continued use of any site
after any changes to these terms and conditions are posted will be considered
acceptance of those changes. VISIT THESE TERMS AND CONDITIONS AND THE PRIVACY
POLICY EVERY TIME YOU ACCESS ANY SITE TO MAKE SURE THAT YOU CONTINUE TO AGREE
TO THEIR TERMS.
Changes to the Site
We may terminate, change, suspend, or discontinue any aspect of any site,
including the availability of any features of any site, at any time. We may
also impose limits on certain features and services or restrict your access
to parts or a site or one or more entire sites without notice or liability.
We may terminate the authorization, rights, and license given above and, upon
such termination; you will immediately destroy all materials.
International Users
The site is controlled, operated and administered by us or our agents
from offices within the United States of America utilizing servers located
in the United States of America and New Zealand. We make no representation
that materials at this site are appropriate or available for transmission to
or from, or use in, locations outside of these locations and accessing any
site from any jurisdictions where such site’s contents are illegal is
prohibited. You may not use the site or export the materials in violation of
United States or any other import or export laws and regulations. If you access
this Site from a location outside of the United States, you are responsible
for compliance with all local laws.
Choice of Law, Jurisdiction, and Venue
The laws of the State of Illinois and the federal laws of the United States
(without regard to the choice of law rules of the State of Illinois or the
United States) govern these terms of use and performance under them. Any suit
or other action arising out of, or in any way connected with, your use of any
site may be brought only in the courts of the State of Illinois sitting in
Lake County, Illinois or in the United States District Court for the Northern
District of Illinois. You irrevocably consent to the jurisdiction and venue
of such courts.
Limitation of Actions
You must commence any suit or other action in connection with your use
of any site within one year after events giving rise to the claim or cause
of action arises.
Partial Invalidity
If, for any reason, a court of competent jurisdiction finds any provision
of these terms of use or any privacy policy, or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible so as to
effect the intent of these terms of use and the privacy policy, and the remainder
of these terms of use and the privacy policy shall continue in full force and
effect.
Responsibility for User Name and Password
We may provide to you a user name and a password to use in accessing one
or more sites. Until you notify us otherwise and we have had a commercially
reasonable time to respond to your notice, we may, and will, assume that every
transaction entered into, every authorization received, and every act or omission
undertaken using your user name and password are fully authorized by you. Except
to the extent that your password or account are compromised by our gross negligence,
you are entirely and absolutely responsible for all activity performed using
your user name and password. KEEP YOUR PASSWORD CONFIDENTIAL. DO NOT WRITE
IT DOWN. CHANGE IT OFTEN. DO NOT USE COMMON WORDS OR NAMES OF PETS, FAMILY
MEMBERS CELEBRITIES, OR OTHER WORDS THAT ARE EASILY GUESSED.
Warning regarding Other Users of Sites
WE DO NOT INVESTIGATE OR VET ANY USERS OF ANY SITE. YOU SHOULD NOT ASSUME
THAT ANY INFORMATION YOU RECEIVE THROUGH THIS SITE FROM ANY OTHER PERSON IS
TRUE, ACCURATE, OR VERIFIED BY ANYONE. YOU USE THE SITES AT YOUR OWN RISK.
WE ARE NOT, AND WILL NOT BE, LIABLE TO YOU FOR ANY DAMAGES, COSTS, SUITS, ACTIONS,
LOSSES, OR ANY OTHER HARM THAT RESULTS FROM YOUR USE OF ANY INFORMATION PROVIDED
BY OR THROUGH THIS SITE OR RESULTING FROM ANY ACT OR OMISSION OF ANY OTHER
PERSON, WHETHER A USER OF A SITE OR OTHERWISE.
Limitation of Liability
Without affecting any other limitation of liability contained in these
terms of use or otherwise:
(a) IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT,
INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL,
ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION
WITH THE USE OF ANY SITE OR ANY SERVICE RELATED THERETO, INCLUDING, WITHOUT
LIMITATION, RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF ANY
SITE OR SERVICE RELATED THERETO OR PERSONS INTRODUCED TO YOU THROUGH ANY SITE
OR SERVICE RELATED THERETO; and
(b) IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE
ANY SITE OR ANY SERVICE RELATED THERETO, INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT
OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY, ON ANY
FORM OF ACTION WHATSOEVER IN CONNECTION WITH ANY SITE, EXCEED THE PRICE PAID
BY YOU TO US.
Other Provisions
Certain areas and features of sites contain terms and conditions specific
to those areas and features. Such terms and conditions are in addition to these
terms and conditions and prevail over these terms and conditions and the privacy
policy only to the extent it is not possible to construe these terms or the
privacy policy consistently with such other terms and conditions.
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