THE FINE PRINT.

Terms and

Conditions

1. CTRL MOBILE APPLICATION

Last updated January 10th, 2021

CTRL is licensed to You (End-User) by CTRL, located at 129 S Main St, Grapevine, Texas 76051, United States (hereinafter: Licensor), for use only under the terms of this License Agreement.

By downloading the Application from the Apple AppStore or Google Play Store, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.

The parties of this License Agreement acknowledge that Apple or Google are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. CTRL, not Apple or Google, is solely responsible for the licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service or Google Play Store Terms of Service. CTRL acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.

All rights not expressly granted to You are reserved.

 

2. THE APPLICATION

CTRL (hereinafter: Application) is a piece of software created to aid golfers in mastering their unique swing. It is used to create and store golfer’s swing data for training purposes.

The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. SCOPE OF LICENSE
2.1 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.

2.2 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions or Google Terms and Conditions, and with CTRL’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.

2.3 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with CTRL’s prior written consent).

2.4 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, the Google Play Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

2.5 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.6 Licensor reserves the right to modify the terms and conditions of licensing.

2.7 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

 

3. TECHNICAL REQUIREMENTS
3.1 The Application requires a firmware version 0.11.4 or higher. Licensor recommends using the latest version of the firmware.

3.2 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.

3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

 

4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.

4.2 CTRL and the End-User acknowledge that Apple or Google have no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.

 

5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy: https://ctrl.golf/privacy/.

 

6. USER GENERATED CONTRIBUTIONS
The Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.

3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.

4. Your Contributions are not false, inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

9. Your Contributions do not violate any applicable law, regulation, or rule.

10. Your Contributions do not violate the privacy or publicity rights of any third party.

11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.

 

7. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions of other feedback regarding the Application, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

8. LIABILITY
Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to the licensed Application.

 

9. WARRANTY
9.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.

9.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of CTRL’s sphere of influence that affect the executability of the Application.

9.3 You are required to inspect the Application immediately after installing it and notify CTRL about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of thirty (30) days after discovery.

9.4 If we confirm that the Application is defective, CTRL reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

9.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.

9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

 

10. PRODUCT CLAIMS
CTRL and the End-User acknowledge that CTRL, and not Apple or Google, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement;

(iii) and claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.

 

11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.

 

12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:

Cesar Fuentes 129 S Main St
Grapevine, TX 76051 United States
cesar.fuentes@ctrl.golf

 

13. TERMINATION
The license is valid until terminated by CTRL or by You. Your rights under this license will terminate automatically and without notice from CTRL if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

 

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
CTRL represents and warrants that CTRL will comply with applicable third-party terms of agreement when using licensed Application.

In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Apple and Apple’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and – upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

 

15. INTELLECTUAL PROPERTY RIGHTS
CTRL and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User’s possession and use of that licensed Application infringes on the third party’s intellectual property rights, CTRL, and not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.

 

16. APPLICABLE LAW
This license agreement is governed by the laws of the State of Texas excluding its conflicts of law rules.

 

17. MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

Privacy

Policy

CTRL MOBILE APPLICATION

Last updated January 10th, 2021

Alba Technologies, LLC d.b.a CTRL (“we” or “us” or “our”) respects the privacy of our users (“user” or “you”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our mobile application (the “Application”). Please read this Privacy Policy carefully. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THE APPLICATION.

We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of this Privacy Policy. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Application after the date such revised Privacy Policy is posted.

This Privacy Policy does not apply to the third-party online/mobile store from which you install the Application or make payments, including any in-game virtual items, which may also collect and use data about you. We are not responsible for any of the data collected by any such third party.

 
COLLECTION OF YOUR INFORMATION

We may collect information about you in a variety of ways. The information we may collect via the Application depends on the content and materials you use, and includes:

 
PERSONAL DATA
Demographic and other personally identifiable information (such as your name and email address) that you voluntarily give to us when choosing to participate in various activities related to the Application, such as sending feedback, and contacting customer support. If you choose to share data about yourself via your profile, online chat, or other interactive areas of the Application, please be advised that all data you disclose in these areas is public and your data will be accessible to anyone who accesses the Application while logged in to your account.
 
DERIVATIVE DATA

Information our servers automatically collect when you access the Application, such as your native actions that are integral to the Application, including creating account creation, creating swing baselines, taking swings, attaching swing labels, as well as other interactions with the Application and other users via server log files.

 
DATA FROM SOCIAL NETWORKS

User information from social networking sites, such as Apple, and Google, including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks.

 
GEO-LOCATION INFORMATION

We may request access or permission to geo-location information for the purpose of utilizing your device’s Bluetooth capabilities and tracking location-based information, either continuously or while using the application. If you wish to change our access or permissions, you may do so in your device’s settings.

 
MOBILE DEVICE ACCESS

We may request access or permission to certain features from your mobile device, including your mobile device’s Bluetooth, storage, and other features. If you wish to change our access or permissions, you may do so in your device’s settings.

 
MOBILE DEVICE DATA

Device information such as your mobile device ID number, model, and manufacturer, version of your operating system, phone number, country, location, and any other data you choose to provide.

 
PUSH NOTIFICATIONS

We may request to send you push notifications regarding your account or the Application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.

 
THIRD-PARTY DATA

Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant the Application permission to access this information.

 
USE OF YOUR INFORMATION

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Application to:

1. Assist law enforcement and respond to subpoena.

2. Compile anonymous statistical data and analysis for use internally or with third parties.

3. Create and manage your account.

4. Email you regarding your account or order.

5. Generate a personal profile about you to make future visits to the Application more personalized.

6. Increase the efficiency and operation of the Application.

7. Monitor and analyze usage and trends to improve your experience with the Application.

8. Notify you of updates to the Application.
Perform other business activities as needed.
Prevent fraudulent data transactions, monitor against theft, and protect against criminal activity.

9. Request feedback and contact you about your use of the Application.

10. Resolve disputes and troubleshoot problems.

11. Respond to product and customer service requests.

12. Solicit support for the Application.
Improve the product for you and other users.

 
DISCLOSURE OF YOUR INFORMATION

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:

 
BY LAW OR TO PROTECT RIGHTS

If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.

 
THIRD-PARTY SERVICE PROVIDERS

We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.

 
MARKETING COMMUNICATIONS

With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.

 
AFFILIATES

We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

 
BUSINESS PARTNERS

We may share your information with our business partners to offer you certain products, services or promotions.

 
OTHER THIRD PARTIES

We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.

 
SALE OR BANKRUPTCY

If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline honor commitments we made in this Privacy Policy.

We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.

 
TRACKING TECHNOLOGIES
INTERNET-BASED ADVERTISING

Additionally, we may use third-party software to implement email marketing campaigns, and manage other interactive marketing initiatives. This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us. For more information about opting-out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

 
MOBILE APP ANALYTICS

We may also partner with selected third-party vendors, such as Google Analytics, to allow tracking technologies and remarketing services on the Application through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Application, determine the popularity of certain content, and better understand online activity. By accessing the Application, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can install and/or update your settings for one of the following: https://tools.google.com/dlpage/gaoptout

You should be aware that getting a new device, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.

 
SECURITY INFORMATION

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

 
POLICY FOR CHILDREN

We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.

 
CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems [and our mobile applications] include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

 
OPTIONS REGARDING YOUR INFORMATIONS
ACCOUNT INFORMATION

You may at any time review or change the information in your account or terminate your account by:
– logging into your account settings and updating your account;
– contacting us using the contact information provided below;

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

 
EMAILS AND COMMUNICATIONS

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:
– noting your preferences at the time you register your account with the Application
– logging into your account settings and updating your preferences;
– contacting us using the contact information provided below;

If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.

 
CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Application, you have the right to request removal of unwanted data that you publicly post on the Application. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Application, but please be aware that the data may not be completely or comprehensively removed from our systems.

 
CONTACT US

If you have questions or comments about this Privacy Policy, please contact us at:

Alba Technologies, LLC d.b.a CTRL 129 S. Main St, Ste #220
Grapevine, TX 76051
community@ctrl.golf

Pre-Sale ‌Terms ‌and

Conditions

 

Agreement to Purchase

By pre-ordering your product (the “Product”) and making the pre-order payment (the “Pre-Order Payment”), you agree to complete the transaction by paying the entire balance of the purchase price of the Product and then taking delivery of the Product from Alba Technologies, DBA CTRL, and its affiliates (the “Company”) according to the terms and conditions herein (the “Terms and Conditions”).

 

Payment

In order for your offer to be eligible for the Company’s acceptance, you must pay the amount for the Product elected by you as set forth on the Company website by credit card through PayPal, Stripe, or any other payment method designated on our website. Payment does not guarantee acceptance of your pre-order.

 

Please review these Terms and Conditions carefully and select “Checkout” to agree. If you object to any of these Terms and Conditions, your sole recourse is to not proceed and Checkout.

 

Delivery; Your Cancellation; Transfer and/or Assignment Prohibition

The stated delivery date is only our best estimate, with which we will diligently attempt to comply.  

 

Any shipping date is an estimate only, and the actual shipping date for any accepted pre-order will depend on a variety of factors including manufacturing schedule, and the dates of your pre-order, your completed pre-order, and when we accept your completed pre-order. Commencement of shipping is subject to change without notice to you. We list shipping charges for each country on our website, and you must pay all shipping charges for the location of the address you provide. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. If shipping costs to the address that you provide for an accepted pre-order are higher than the shipping costs you paid at the time that you offered to purchase a Product, the Company may, in its sole discretion, require you to pay additional shipping fees or refund the full amount you paid.

 

Until the Product is ready to be shipped, you may cancel your pre-order at any time by emailing us at community@ctrl.golf. Upon cancellation, you will be entitled to a full refund or your Pre-Order Payment. You will receive your full refund within ten business days of the written cancellation.

 

You may not transfer or assign your pre-order or any other rights under these Terms and Conditions.

 

Privacy Policy

The Company’s Privacy Policy is incorporated into these Terms and Conditions and can be accessed on our website at www.ctrl.golf.

 

Reservation Eligibility: Age and Residency; Entity Reservations

You must be at least 18 years old to offer to purchase a Product. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years old. If you are offering to purchase a Product on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization. The Company may cancel your pre-order and refund your Pre-Order Payment at any time if the Company determines that you are an ineligible party.

 

Alternative Dispute Resolution; Governing Law

Please read this provision carefully, which is the sole dispute resolution process between you and the Company.

 

If you have a concern or dispute, please send us a written notice to community@ctrl.golf detailing the concern or dispute and we will diligently attempt to resolve the matter.

 

If we are unable to resolve your concern or dispute within sixty (60) days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and the Company will not be decided by a judge or jury, the right to which the parties hereby waive, but instead shall be determined by confidential binding arbitration in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The prevailing party shall be awarded its reasonable attorney fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. Your claims cannot be brought as a class action.

 

IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER CLAIM FROM OTHER CURRENT OR FORMER USERS OF THE SITE OR OTHERWISE RELATED TO THE PRE-ORDER OR ANY OTHER RESERVATIONS. NO CLAIM BROUGHT UNDER THIS AGREEMENT SHALL PROCEED AS A CLASS ACTION.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES WHATSOEVER, SUBJECT ONLY TO THE LIMITS OF APPLICABLE LAW, SHALL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST PROFITS, LOSS OF BUSINESS OR LOSS OF OPPORTUNITY, REGARDLESS OF THE BASIS OR CIRCUMSTANCES OF ANY CLAIM, DAMAGE, LOSS OR EXPENSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES.

 

IN THE EVENT THAT WE ARE HELD LIABLE FOR ANY CLAIMS, DAMAGES, COSTS OR EXPENSES UNDER, ARISING OUT OF, OR WITH RESPECT TO THESE TERMS OR YOUR PRE-ORDER, OUR LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT OF YOUR PRE-ORDER PAYMENT.

 

Resellers Prohibited; Company Cancellation

The Company sells its products directly to the end-consumer and accordingly may unilaterally cancel any pre-order that we believe has been made with the intent to resell the products or that has otherwise been made in bad faith, in its sole discretion.

 

Waiver of Contractual Right

The failure of either party to enforce any provision of these Terms and Conditions shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of these Terms and Conditions.

 

Force Majeure

Your pre-order does not create liability for the Company or you for any failure to perform due to an event beyond our control, including, but not limited to, any Act of God, pandemic, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, unavailability of materials, strike, earthquake, flood, pandemic or any other natural or man-made eventuality outside of our control.

 

 

Severability; Entire Agreement

If any provision of these Terms and Conditions shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If any provision of these Terms and Conditions is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. These Terms and Conditions represent the entire agreement governing your pre-order.

 

 

Intellectual Property

The Company and its licensors own all intellectual property rights in the Products. If the Company accepts your pre-order for a Product, you will acquire no interest or rights in the Company’s intellectual property, and your use of the Product will be subject to the Company Terms of Service and other additional license terms and restrictions that will be provided together with the Product. The Company reserves all rights in and to the Products not granted expressly in these Terms or other additional license terms.



Modification of these Terms

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order for your pre-order to remain valid. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

 

Contact Information

Alba Technologies, DBA as CTRL, is located at 1129 S Main St ste 220, Grapevine, TX 76051, USA. You may contact us by sending correspondence to that address or by emailing us at community@ctrl.golf.

 

#PracticeYourPerfect



129 S Main St, Ste 220, Grapevine, TX 76051

community@ctrl.golf

Nick Bockenfeld, PGA