Legal

Depending on whether we provide you with products or services, our terms below set out which company provides the relevant products or services to you.

The policies and terms and conditions for the purchase, support and servicing of products and other services provided by us are provided below. Our privacy policy, cookie policy, website terms of use and acceptable use policy are also provided. From time to time we may run offers, promotions or other competitions. As and when we do, the additional relevant terms provided below will apply.

Cookie Policy
Last updated September 03, 2021
 
This Cookie Policy explains how Optimum Golf Technologies T/A Foresight Sports Europe (“Company“, “we“, “us“, and “our“) uses cookies and similar technologies to recognize you when you visit our websites at https://foresightsports.eu, (“Websites“). It explains what these technologies are and why we use them, as well as your rights to control our use of them.
 
In some cases we may use cookies to collect personal information, or that becomes personal information if we combine it with other information.
 
What are cookies?
 
Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information.
 
Cookies set by the website owner (in this case, Optimum Golf Technologies T/A Foresight Sports Europe) are called “first party cookies”. Cookies set by parties other than the website owner are called “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics). The parties that set these third party cookies can recognize your computer both when it visits the website in question and also when it visits certain other websites.
 
Why do we use cookies?
 
We use first and third party cookies for several reasons. Some cookies are required for technical reasons in order for our Websites to operate, and we refer to these as “essential” or “strictly necessary” cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Online Properties. Third parties serve cookies through our Websites for advertising, analytics and other purposes. This is described in more detail below.
 
The specific types of first and third party cookies served through our Websites and the purposes they perform are described below (please note that the specific cookies served may vary depending on the specific Online Properties you visit):
 
How can I control cookies?
 
You have the right to decide whether to accept or reject cookies. You can exercise your cookie rights by setting your preferences in the Cookie Consent Manager. The Cookie Consent Manager allows you to select which categories of cookies you accept or reject. Essential cookies cannot be rejected as they are strictly necessary to provide you with services.
 
The Cookie Consent Manager can be found in the notification banner and on our website. If you choose to reject cookies, you may still use our website though your access to some functionality and areas of our website may be restricted. You may also set or amend your web browser controls to accept or refuse cookies. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser’s help menu for more information.
 
In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com.
 
The specific types of first and third party cookies served through our Websites and the purposes they perform are described in the table below (please note that the specific cookies served may vary depending on the specific Online Properties you visit):
Performance and functionality cookies:

These cookies are used to enhance the performance and functionality of our Websites but are non-essential to their use. However, without these cookies, certain functionality (like videos) may become unavailable.

Name: __lc_cid
Purpose: These cookies are set by LiveChat Inc. a USA based company that provides online chat software to our website, enabling them to engage in live text-based conversations with their visitors.
Provider: .accounts.livechatinc.com
Service: LiveChat View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 1 year 11 months 29 days
Name: MR
Purpose: Microsoft MSN cookie. Used to measure the use of the website for internal analytics.
Provider: .bat.bing.com
Service: Microsoft View Service Privacy Policy  
Country: United States
Type: server_cookie
Expires in: 7 days
Name: __lc_cst
Purpose: These cookies are set by LiveChat Inc. a USA based company that provides online chat software to our website, enabling them to engage in live text-based conversations with their visitors.
Provider: .accounts.livechatinc.com
Service: LiveChat View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 1 year 11 months 29 days
Name: AWSALBCORS
Purpose: For continued stickiness support with CORS use cases after the Chromium update, we are creating additional stickiness cookies for each of these duration-based stickiness features named AWSALBCORS (ALB).
Provider: process.iconnode.com
Service: Amazon Web Services View Service Privacy Policy  
Country: United States
Type: server_cookie
Expires in: 7 days
Name: oo
Purpose: Ad optout cookie
Provider: .go.affec.tv
Service: Facebook View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 11 months 30 days
Name: _hjAbsoluteSessionInProgress
Purpose: The cookie is set so Hotjar can track the beginning of the user’s journey for a total session count. It does not contain any identifiable information.
Provider: .foresightsports.eu
Service: Hotjar View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 30 minutes
Name: oo
Purpose: Ad optout cookie
Provider: map.go.affec.tv
Service: Facebook View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: session
Analytics and customization cookies:

These cookies collect information that is used either in aggregate form to help us understand how our Websites are being used or how effective our marketing campaigns are, or to help us customize our Websites for you.

Name: _gd#
Purpose: This is a Google Analytics HTTP Session cookie used to generate statistical data on how you use the website which is removed when you quit your browser
Provider: .foresightsports.eu
Service: Google Analytics View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: less than 1 minute
Name: _gat#
Purpose: Enables Google Analytics regulate the rate of requesting. It is a HTTP cookie type that lasts for a session.
Provider: .foresightsports.eu
Service: Google Analytics View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 1 minute
Name: #collect
Purpose: Sends data such as visitor’s behavior and device to Google Analytics. It is able to keep track of the visitor across marketing channels and devices. It is a pixel tracker type cookie whose activity lasts within the browsing session.
Provider: foresightsports.eu
Service: Google Analytics View Service Privacy Policy  
Country: United States
Type: pixel_tracker
Expires in: session
Name: _gid
Purpose: Keeps an entry of unique ID which is then used to come up with statistical data on website usage by visitors. It is a HTTP cookie type and expires after a browsing session.
Provider: .foresightsports.eu
Service: Google Analytics View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 1 day
Name: _gid
Purpose: Keeps an entry of unique ID which is then used to come up with statistical data on website usage by visitors. It is a HTTP cookie type and expires after a browsing session.
Provider: .360-javascriptviewer.com
Service: Google Analytics View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 1 day
Name: _ga
Purpose: It records a particular ID used to come up with data about website usage by the user. It is a HTTP cookie that expires after 2 years.
Provider: .foresightsports.eu
Service: Google Analytics View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 1 year 11 months 29 days
Name: _hjid
Purpose: This cookie is set when the customer first lands on a page with the Hotjar script. It is used to persist the Hotjar User ID, unique to that site on the browser. This ensures that behavior in subsequent visits to the same site will be attributed to the same user ID.
Provider: .foresightsports.eu
Service: hotjar View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 11 months 30 days
Name: _gat
Purpose: Used to monitor number of Google Analytics server requests when using Google Tag Manager
Provider: .foresightsports.eu
Service: Google Analytics View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 1 minute
Name: #.gif
Purpose: Used by Towerdata to gather data about website clients to help site owners target better ads at them
Provider: foresightsports.eu
Service: Towerdata View Service Privacy Policy  
Country: Germany
Type: pixel_tracker
Expires in: session
Name: MUID
Purpose: Sets a unique user id for tracking how the user uses the site. Persistent cookie that is saved for 3 years
Provider: .bing.com
Service: Bing Analytics View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 1 year 24 days
Name: _hjid
Purpose: This cookie is set when the customer first lands on a page with the Hotjar script. It is used to persist the Hotjar User ID, unique to that site on the browser. This ensures that behavior in subsequent visits to the same site will be attributed to the same user ID.
Provider: foresightsports.eu
Service: hotjar View Service Privacy Policy  
Country: United States
Type: html_local_storage
Expires in: persistent
Name: _gat
Purpose: Used to monitor number of Google Analytics server requests when using Google Tag Manager
Provider: .360-javascriptviewer.com
Service: Google Analytics View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 1 minute
Name: _ga_#
Purpose: Used to distinguish individual users by means of designation of a randomly generated number as client identifier, which allows calculation of visits and sessions
Provider: .foresightsports.eu
Service: Google analytics View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 1 year 11 months 29 days
Name: _ga
Purpose: It records a particular ID used to come up with data about website usage by the user. It is a HTTP cookie that expires after 2 years.
Provider: .360-javascriptviewer.com
Service: Google Analytics View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 1 year 11 months 29 days
Advertising cookies:

These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests.

Name: TapAd_3WAY_SYNCS
Purpose: __________
Provider: .tapad.com
Service: Tapad View Service Privacy Policy  
Country: United States
Type: server_cookie
Expires in: 1 month 29 days
Name: uuid
Purpose: Collects data on the user’s visits to the website, such as what pages have been loaded. The registered data is used for targeted ads.
Provider: .crsspxl.com
Service: Mediamath View Service Privacy Policy  
Country: __________
Type: http_cookie
Expires in: 1 month 29 days
Name: bkpa
Purpose: Used to present the visitor with relevant content and advertisement – The service is provided by third party advertisement hubs, which facilitate real-time bidding for advertisers.
Provider: .bluekai.com
Service: BlueKai View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 5 months 27 days
Name: lidid
Purpose: A unique anonymous user identifier set for a site visitor so as to track their usage on the site for better targeted advertising. A persistent cookie that stays saved for 730 days
Provider: .liadm.com
Service: LiveIntent View Service Privacy Policy  
Country: __________
Type: server_cookie
Expires in: 1 year 11 months 29 days
Name: _uetsid_exp
Purpose: Contains the expiry-date for the cookie with corresponding name.
Provider: foresightsports.eu
Service: Google Tag Manager View Service Privacy Policy  
Country: United States
Type: html_local_storage
Expires in: persistent
Name: _cc_id
Purpose: Used by Lotame to collect anonymous statistical data related to the user’s website visits
Provider: .crwdcntrl.net
Service: Lotame View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 8 months 26 days
Name: did
Purpose: Used to show site visitors targeted ads. It expires after 2 months or 1 year.
Provider: .pippio.com
Service: Pippio View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 11 months 30 days
Name: _orig_referrer
Purpose: Track landing pages.
Provider: .foresightsports.eu
Service: Shopify.com View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 14 days
Name: EE
Purpose: Used by Exelate for Target advertising. A persistent cookie that stays active for 120 days
Provider: .exelator.com
Service: Exelate View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 3 months 28 days
Name: uuid
Purpose: Collects data on the user’s visits to the website, such as what pages have been loaded. The registered data is used for targeted ads.
Provider: ads.avct.cloud
Service: Mediamath View Service Privacy Policy  
Country: United States
Type: server_cookie
Expires in: 11 months 30 days
Name: _uetvid
Purpose: Used to track visitors on multiple websites, in order to present relevant advertisement based on the visitor’s preferences.
Provider: foresightsports.eu
Service: Google Tag Manager View Service Privacy Policy  
Country: United States
Type: html_local_storage
Expires in: persistent
Name: ga-audiences
Purpose: Used by Google AdWords to re-engage visitors that are likely to convert to customers based on the visitor’s online behaviour across websites
Provider: foresightsports.eu
Service: AdWords View Service Privacy Policy  
Country: United States
Type: pixel_tracker
Expires in: session
Name: nnls
Purpose: Used by Liveramp for Target advertising. Persistent cookie that is saved for 60 days
Provider: .pippio.com
Service: Liveramp View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 1 month 29 days
Name: 3pi
Purpose: Sets a unique ID for the visitor, that allows third party advertisers to target the visitor with relevant advertisement. This pairing service is provided by third party advertisement hubs, which facilitates real-time bidding for advertisers.
Provider: .id5-sync.com
Service: ID5 View Service Privacy Policy  
Country: Germany
Type: server_cookie
Expires in: 5 minutes
Name: _cc_dc
Purpose: Used by Lotame to store an indicator which tells them what data center a profile originated in (for international operations)
Provider: .crwdcntrl.net
Service: Lotame View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 8 months 26 days
Name: TDID
Purpose: Is a third party cookie that contains a unique randomly-generated value that enables the platform to distinguish browsers and devices.
Provider: .adsrvr.org
Service: The Trade Desk View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 11 months 30 days
Name: bku
Purpose: This cookie is used to deliver adverts more relevant to a visitor more relevant with their interests. It is also used to limit the number of times they see an advertisement as well as help measure the effectiveness of the advertising campaign.
Provider: .bluekai.com
Service: Bluekai View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 5 months 27 days
Name: car
Purpose: Used to present the visitor with relevant content and advertisement – The service is provided by third party advertisement hubs, which facilitate real-time bidding for advertisers.
Provider: .id5-sync.com
Service: ID5 View Service Privacy Policy  
Country: France
Type: http_cookie
Expires in: 5 minutes
Name: _cc_cc
Purpose: Used by Lotame to store encoded profile behaviors for interest based advertising
Provider: .crwdcntrl.net
Service: Lotame View Service Privacy Policy  
Country: United States
Type: server_cookie
Expires in: session
Name: uid
Purpose: Contains a unique ID to identify a user
Provider: .crsspxl.com
Service: Adform View Service Privacy Policy  
Country: __________
Type: server_cookie
Expires in: 1 month 29 days
Name: cip
Purpose: Used to present the visitor with relevant content and advertisement – The service is provided by third party advertisement hubs, which facilitate real-time bidding for advertisers.
Provider: .id5-sync.com
Service: ID5 View Service Privacy Policy  
Country: Germany
Type: http_cookie
Expires in: 5 minutes
Name: _uetvid
Purpose: Used to track visitors on multiple websites, in order to present relevant advertisement based on the visitor’s preferences.
Provider: .foresightsports.eu
Service: Google Tag Manager View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 1 year 24 days
Name: id5
Purpose: Sets a unique ID for the visitor, that allows third party advertisers to target the visitor with relevant advertisement. This pairing service is provided by third party advertisement hubs, which facilitates real-time bidding for advertisers.
Provider: .id5-sync.com
Service: ID5 View Service Privacy Policy  
Country: Germany
Type: server_cookie
Expires in: 5 minutes
Name: _uetvid_exp
Purpose: Contains the expiry-date for the cookie with corresponding name.
Provider: foresightsports.eu
Service: Google Tag Manager View Service Privacy Policy  
Country: United States
Type: html_local_storage
Expires in: persistent
Name: cf
Purpose: Sets a unique ID for the visitor, that allows third party advertisers to target the visitor with relevant advertisement. This pairing service is provided by third party advertisement hubs, which facilitates real-time bidding for advertisers.
Provider: .id5-sync.com
Service: ID5 View Service Privacy Policy  
Country: France
Type: server_cookie
Expires in: 5 minutes
Name: pi
Purpose: Enables Pubmatic to determine which set of pixels needs to be executed on the browser.
Provider: .ml314.com
Service: Pubmatic View Service Privacy Policy  
Country: United States
Type: server_cookie
Expires in: 11 months 30 days
Name: uuid2
Purpose: This cookie is owned by App Nexus and used to buy, sell, and deliver online advertising, including interest-based advertising, mostly through real-time bidding.
Provider: .adnxs.com
Service: App Nexus View Service Privacy Policy  
Country: __________
Type: http_cookie
Expires in: 2 months 29 days
Name: TDCPM
Purpose: Set by the CloudFlare service to register a unique ID that identifies a returning user’s device. The ID is used for targeted ads. Expires after 1 year.
Provider: .adsrvr.org
Service: The Trade Desk View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 11 months 30 days
Name: _fbp
Purpose: Facebook tracking pixel used to identify visitors for personalized advertising.
Provider: .foresightsports.eu
Service: Facebook View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 2 months 29 days
Name: didts
Purpose: Used to deliver adverts that are more relevant to user’s interests. It is also used to limit the number of times a user sees an advertisement as well as help measure the effectiveness of the advertising campaign. It is valid for 2 months or 1 year.
Provider: .pippio.com
Service: Pippio View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 11 months 30 days
Name: _shopify_sa_p
Purpose: Shopify analytics relating to marketing & referrals.
Provider: .foresightsports.eu
Service: Shopify.com View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 30 minutes
Name: cnac
Purpose: Used to present the visitor with relevant content and advertisement – The service is provided by third party advertisement hubs, which facilitate real-time bidding for advertisers.
Provider: .id5-sync.com
Service: ID5 View Service Privacy Policy  
Country: Netherlands
Type: http_cookie
Expires in: 5 minutes
Name: callback
Purpose: Collects data on visitor behaviour from multiple websites, in order to present more relevant advertisement – This also allows the website to limit the number of times that the visitor is shown the same advertisement.
Provider: .id5-sync.com
Service: ID5 View Service Privacy Policy  
Country: Netherlands
Type: http_cookie
Expires in: 5 minutes
Name: TapAd_DID
Purpose: Used to determine what type of devices (smartphones, tablets, computers, TVs etc.) is used by a user. Expires after 2 months.
Provider: .tapad.com
Service: Tapad View Service Privacy Policy  
Country: United States
Type: server_cookie
Expires in: 1 month 29 days
Name: _cc_aud
Purpose: Used by Lotame to store encoded audience data for interest based advertising
Provider: .crwdcntrl.net
Service: Lotame View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 8 months 26 days
Name: bkdc
Purpose: Used by Bluekai to collects data on visitor browsing habits on different websites using the tracker’s unique ID number. The data is later used for optimizing marketing campaigns
Provider: .bluekai.com
Service: Bluekai View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 5 months 27 days
Name: uuid
Purpose: Collects data on the user’s visits to the website, such as what pages have been loaded. The registered data is used for targeted ads.
Provider: .mathtag.com
Service: Mediamath View Service Privacy Policy  
Country: Switzerland
Type: server_cookie
Expires in: 1 year 27 days
Name: test_cookie
Purpose: A session cookie used to check if the user’s browser supports cookies.
Provider: .doubleclick.net
Service: DoubleClick View Service Privacy Policy  
Country: United States
Type: server_cookie
Expires in: 15 minutes
Name: _kuid_
Purpose: Registers a unique ID that identifies a returning user’s device. The ID is used for targeted ads.
Provider: .krxd.net
Service: Salesforce DMP View Service Privacy Policy  
Country: __________
Type: server_cookie
Expires in: 5 months 27 days
Name: ttd
Purpose: This cookie is set by Outbrain and it is used to analyse technical data about the website
Provider: foresightsports.eu
Service: Outbrain View Service Privacy Policy  
Country: United States
Type: pixel_tracker
Expires in: session
Name: IDE
Purpose: Used to measure the conversion rate of ads presented to the user. Expires in 1.5 years.
Provider: .doubleclick.net
Service: DoubleClick View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 1 year 11 months 29 days
Name: _li_ss
Purpose: Used by Liveintent for target based advertising by collecting unique visitor information
Provider: i.liadm.com
Service: Liveintent View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 30 days
Name: TapAd_TS
Purpose: Used to determine what type of devices (smartphones, tablets, computers, TVs etc.) is used by a user. Expires after 2 months.
Provider: .tapad.com
Service: Tapad View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 1 month 29 days
Name: _uetsid
Purpose: Collects data on visitor behaviour from multiple websites, in order to present more relevant advertisement – This also allows the website to limit the number of times that they are shown the same advertisement.
Provider: foresightsports.eu
Service: Google Tag Manager View Service Privacy Policy  
Country: United States
Type: html_local_storage
Expires in: persistent
Name: _uetsid
Purpose: Collects data on visitor behaviour from multiple websites, in order to present more relevant advertisement – This also allows the website to limit the number of times that they are shown the same advertisement.
Provider: .foresightsports.eu
Service: Google Tag Manager View Service Privacy Policy  
Country: United States
Type: http_cookie
Expires in: 1 day
 
 
What about other tracking technologies, like web beacons?
 
Cookies are not the only way to recognize or track visitors to a website. We may use other, similar technologies from time to time, like web beacons (sometimes called “tracking pixels” or “clear gifs”). These are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited our Websites or opened an e-mail including them. This allows us, for example, to monitor the traffic patterns of users from one page within a website to another, to deliver or communicate with cookies, to understand whether you have come to the website from an online advertisement displayed on a third-party website, to improve site performance, and to measure the success of e-mail marketing campaigns. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.
 
Do you use Flash cookies or Local Shared Objects?
 
Websites may also use so-called “Flash Cookies” (also known as Local Shared Objects or “LSOs”) to, among other things, collect and store information about your use of our services, fraud prevention and for other site operations.
 
If you do not want Flash Cookies stored on your computer, you can adjust the settings of your Flash player to block Flash Cookies storage using the tools contained in the Website Storage Settings Panel. You can also control Flash Cookies by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash Cookies (referred to “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash Cookies that are not being delivered by the operator of the page you are on at the time).
 
Please note that setting the Flash Player to restrict or limit acceptance of Flash Cookies may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with our services or online content.
 
Do you serve targeted advertising?
 
Third parties may serve cookies on your computer or mobile device to serve advertising through our Websites. These companies may use information about your visits to this and other websites in order to provide relevant advertisements about goods and services that you may be interested in. They may also employ technology that is used to measure the effectiveness of advertisements. This can be accomplished by them using cookies or web beacons to collect information about your visits to this and other sites in order to provide relevant advertisements about goods and services of potential interest to you. The information collected through this process does not enable us or them to identify your name, contact details or other details that directly identify you unless you choose to provide these.
 
How often will you update this Cookie Policy?
 
We may update this Cookie Policy from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. Please therefore re-visit this Cookie Policy regularly to stay informed about our use of cookies and related technologies.
 
The date at the top of this Cookie Policy indicates when it was last updated.
 
Where can I get further information?
 
If you have any questions about our use of cookies or other technologies, please email us at marketing@foresightsports.eu or by post to:
Optimum Golf Technologies T/A Foresight Sports Europe
Broad St, The Pines, Guildford GU3 3BH, UK
United Kingdom
Privacy Policy
Last updated September 03, 2021
 
Thank you for choosing to be part of our community at Optimum Golf Technologies T/A Foresight Sports Europe (“Company,” “we,” “us,” or “our“). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice or our practices with regard to your personal information, please contact us at marketing@foresightsports.eu.
 
This privacy notice describes how we might use your information if you:
 
  • Engage with us in other related ways ― including any sales, marketing, or events
In this privacy notice, if we refer to:
  • Website,” we are referring to any website of ours that references or links to this policy
 
  • Services,” we are referring to our Website, and other related services, including any sales, marketing, or events
The purpose of this privacy notice is to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.
 
Please read this privacy notice carefully, as it will help you understand what we do with the information that we collect.
 
TABLE OF CONTENTS
 
 
1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us
 
In Short:  We collect personal information that you provide to us.
 
We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Website or otherwise when you contact us.
 
The personal information that we collect depends on the context of your interactions with us and the Website, the choices you make and the products and features you use. The personal information we collect may include the following:
 
Personal Information Provided by You. We collect names; phone numbers; email addresses; mailing addresses; usernames; passwords; contact preferences; billing addresses; contact or authentication data; and other similar information.
 
Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by Shopify Payments. You may find their privacy notice link(s) here: https://www.shopify.com/legal/privacy/app-users.
 
Social Media Login Data. We may provide you with the option to register with us using your existing social media account details, like your Facebook, Twitter or other social media account. If you choose to register in this way, we will collect the information described in the section called “HOW DO WE HANDLE YOUR SOCIAL LOGINS?” below.
 
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Information automatically collected
 
In Short:  Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Website.
 
We automatically collect certain information when you visit, use or navigate the Website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Website and other technical information. This information is primarily needed to maintain the security and operation of our Website, and for our internal analytics and reporting purposes.
 
Like many businesses, we also collect information through cookies and similar technologies.
 
The information we collect includes:
  • Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Website and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Website (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called ‘crash dumps’) and hardware settings).
 
  • Device Data. We collect device data such as information about your computer, phone, tablet or other device you use to access the Website. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.
 
  • Location Data. We collect location data such as information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Website. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.
 
 
2. HOW DO WE USE YOUR INFORMATION?
 
In Short:  We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
 
We use personal information collected via our Website for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
 
We use the information we collect or receive:
  • To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract. See the section below headed “HOW DO WE HANDLE YOUR SOCIAL LOGINS?” for further information.
 
  • To post testimonials. We post testimonials on our Website that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at __________ and be sure to include your name, testimonial location, and contact information.
 
  • Request feedback. We may use your information to request feedback and to contact you about your use of our Website.
 
  • To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user’s consent.
 
  • To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
 
  • To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
 
  • To protect our Services. We may use your information as part of our efforts to keep our Website safe and secure (for example, for fraud monitoring and prevention).
 
  • To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.
 
  • To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

 

  • Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Website.

 

  • Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.

 

  • To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.

 

  • To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
 
  • To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Website, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the “WHAT ARE YOUR PRIVACY RIGHTS?” below).
 
  • Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
 
 
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
 
In Short:  We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
 
We may process or share your data that we hold based on the following legal basis:
  • Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
 
  • Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
 
  • Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
 
  • Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
 
  • Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your personal information in the following situations:
  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
 
  • Google Maps Platform APIs. We may share your information with certain Google Maps Platform APIs (e.g., Google Maps API, Place API). To find out more about Google’s Privacy Policy, please refer to this link. We obtain and store on your device (‘cache’) your location for three (3) months. You may revoke your consent anytime by contacting us at the contact details provided at the end of this document.
 
 
 
 
4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
 
In Short:  We may use cookies and other tracking technologies to collect and store your information.
 
We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.
 
5. HOW DO WE HANDLE YOUR SOCIAL LOGINS?     
 
In Short:  If you choose to register or log in to our services using a social media account, we may have access to certain information about you.
 
Our Website offers you the ability to register and login using your third-party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile information we receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, profile picture as well as other information you choose to make public on such social media platform.
 
We will use the information we receive only for the purposes that are described in this privacy notice or that are otherwise made clear to you on the relevant Website. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. We recommend that you review their privacy notice to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps.
 
6. HOW LONG DO WE KEEP YOUR INFORMATION?
 
In Short:  We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
 
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than 2 years.
 
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
 
7. HOW DO WE KEEP YOUR INFORMATION SAFE?
 
In Short:  We aim to protect your personal information through a system of organizational and technical security measures.
 
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Website is at your own risk. You should only access the Website within a secure environment.
 
8. WHAT ARE YOUR PRIVACY RIGHTS?
 
In Short:  In some regions, such as the European Economic Area (EEA) and United Kingdom (UK), you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.
 
In some regions (like the EEA and UK), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.
 
If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
 
If you are a resident in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
 
If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.
 
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Website. To opt-out of interest-based advertising by advertisers on our Website visit http://www.aboutads.info/choices/.
 
9. CONTROLS FOR DO-NOT-TRACK FEATURES
 
Most web browsers and some mobile operating systems and 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. At this stage 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 notice. 
 
10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
 
In Short:  Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
 
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 Website, you have the right to request removal of unwanted data that you publicly post on the Website. 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 Website, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).
 
11. DO WE MAKE UPDATES TO THIS NOTICE?     
 
In Short:  Yes, we will update this notice as necessary to stay compliant with relevant laws.
 
We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
 
12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?     
 
If you have questions or comments about this notice, you may email us 
 
Optimum Golf Technologies T/A Foresight Sports Europe
Broad St, The Pines,
Guildford, England GU3 3BH
United Kingdom
 
Trademark disclamer

Foresight Sports Trademark Disclaimer

PRODUCT NAMES, LOGOS, BRANDS, AND OTHER TRADEMARKS FEATURED OR REFERRED TO WITHIN THE FORESIGHTSPORTS.EU WEBSITE ARE THE PROPERTY OF THEIR RESPECTIVE TRADEMARK HOLDERS.

Regarding Golf Courses

USE OF ANY TRADE NAMES, TRADEMARKS AND IMAGES ARE NOT MEANT TO SUGGEST ENDORSEMENT, AFFILIATION, SPONSORSHIP OR APPROVAL OF ANY GOLF COURSE OWNER, BUT MERELY FOR PURPOSES OF COMPARING VIRTUAL COURSES TO THE COURSES REPLICATED FOR SIMULATED GAME PLAY.

Returns & refunds

Orders accepted by the Company cannot be amended or cancelled, or shipments deferred, by the Customer, except with the written consent of the Company and upon terms that will compensate the Company against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company as a result of the amendment, cancellation or deferral on a full indemnity basis, and including a re-stocking fee where requested by the Company. 

The Company shall be entitled to cancel the Order at any time by giving written notice to the Customer. If the Company exercises its right to cancel it shall have no liability in respect of the Order or in respect of any damage whatever arising from the cancellation other than to return any deposit paid . If the Customer is a consumer, the terms of the Contract will not affect any rights which the Customer may have under any Act of Parliament and which cannot be excluded by agreement. Under The Consumer Contracts Regulations 2013 a consumer has the right to cancel this contract within 14 days without giving any reason:

(i) from the day of the conclusion of the contract, in the case of a service or supply of digital content, or
(ii) from the day on which the Customer acquires or a third party other than the carrier and indicated by the Customer acquires physical possession of the goods, in the case of a sales contract, or
(iii) from the day on which the Customer acquires or a third party other than the carrier and indicated by the Customer acquires physical possession of the last good, in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately, or
(iv) from the day on which the Customer acquires or a third party other than the carrier and indicated by the Customer acquires physical possession of the last lot or piece, in the case of a contract relating to the delivery of a good consisting of multiple lots or pieces, or
(v) from the day on which the Customer acquires or a third party other than the carrier and indicated by the Customer acquires physical possession of the first good, in the case of a contract for regular delivery of goods during a defined period of time.

To exercise the right to cancel the Customer must inform the Company of the decision to cancel this contract by a clear statement in writing. To meet the cancellation deadline it is sufficient to send the written cancellation communication before the cancellation period has expired. In the event of a cancellation under this clause 2.3 the Company will reimburse all payments received from the Customer including the costs of delivery (except for the supplementary costs arising if the Customer chose a type of delivery other than the least expensive type of standard delivery offered by the Company), and subject to a deduction from the reimbursement for loss in value of any Product(s) supplied if the loss is the result of unnecessary handling or use by the Customer. The Company will make the reimbursement without undue delay, and not later than:

(a)  14 days after the day the Company receives back any goods supplied, or

(b)  (if earlier) 14 days after the day the Customer provides evidence that the Customer has returned the goods, or

(c)  if there were no goods supplied 14 days after the day on which the Company was informed about the Customer’s decision to cancel this contract.

The Company will make the reimbursement using the same means of payment as the Customer used for the initial transaction, unless expressly agreed otherwise, and in any event the Customer will not incur any fees as a result of the reimbursement. In the case of the supply of Product(s) the Customer shall send back the goods or hand them over to the Company at Unit 16 The Pines Business Park, Guildford, Surrey, GU3 3BH for the attention of the Operations Director, without undue delay and in any event not later than 14 days from the day on which the Customer communicates the Customer’s cancellation of this contract to the Company. The deadline is met if the Customer sends back the goods before the period of 14 days has expired. The Customer will bear the costs of returning the goods. The Customer is only liable for any diminished value of the Product(s) resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product(s). In the case of a service if the Customer requested to begin the performance of the services during the cancellation period the Customer will pay the Company an amount which is in proportion to what has been performed until the Customer communicated the written cancellation in comparison with the full coverage of the contract. For any complaint in relation to this clause and consumer rights the Customer should contact the Operations Director at the Company.

Terms Of Service
1. General
These terms and conditions and the relevant sales invoice (together “the Contract”) shall constitute the entire agreement between the customer named on the Order (the “Customer”) and OPTIMUM GOLF TECHNOLOGIES LIMITED trading as OPTIMUM GOLF TECHNOLOGIES, FORESIGHT SPORTS UK, FORESIGHT SPORTS EUROPE and SWING CATALYST UK, a company registered in England and Wales with registration no. 7471211 (the “Company”) relating to the sale and purchase of the products and services that are the subject of the Contract and detailed on the Order (the “Product(s) and Services”). Notwithstanding any other documentation between the parties, all orders for Product(s) and Services shall be deemed to be an offer by the Customer to purchase Product(s) and Services pursuant to the Order and the Company’s acceptance of the Order is expressly made conditional on the Customer’s acceptance of these terms and conditions which shall prevail over any other document that purports to exclude or surpass them. The Company is under a legal duty to supply goods that are in conformity with the contract. These terms and conditions may only be varied with the express written consent of the Company referencing these terms and conditions. Where software is used or purchased the use of the software may also governed by an End User Licence Agreement (EULA) the latest copy of which is available on request or via the relevant Product website.
 

2. Amendments to Order and Cancellation

2.1 Orders accepted by the Company cannot be amended or cancelled, or shipments deferred, by the Customer, except with the written consent of the Company and upon terms that will compensate the Company against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company as a result of the amendment, cancellation or deferral on a full indemnity basis, and including a re-stocking fee where requested by the Company. 

2.2  The Company shall be entitled to cancel the Order at any time by giving written notice to the Customer. If the Company exercises its right to cancel it shall have no liability in respect of the Order or in respect of any damage whatever arising from the cancellation other than to return any deposit paid in accordance with clause 3.2.

2.3  If the Customer is a consumer, the terms of the Contract will not affect any rights which the Customer may have under any Act of Parliament and which cannot be excluded by agreement. Under The Consumer Contracts Regulations 2013 a consumer has the right to cancel this contract within 14 days without giving any reason:

(i) from the day of the conclusion of the contract, in the case of a service or supply of digital content, or
(ii) from the day on which the Customer acquires or a third party other than the carrier and indicated by the Customer acquires physical possession of the goods, in the case of a sales contract, or
(iii) from the day on which the Customer acquires or a third party other than the carrier and indicated by the Customer acquires physical possession of the last good, in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately, or
(iv) from the day on which the Customer acquires or a third party other than the carrier and indicated by the Customer acquires physical possession of the last lot or piece, in the case of a contract relating to the delivery of a good consisting of multiple lots or pieces, or
(v) from the day on which the Customer acquires or a third party other than the carrier and indicated by the Customer acquires physical possession of the first good, in the case of a contract for regular delivery of goods during a defined period of time.

To exercise the right to cancel the Customer must inform the Company of the decision to cancel this contract by a clear statement in writing. To meet the cancellation deadline it is sufficient to send the written cancellation communication before the cancellation period has expired. In the event of a cancellation under this clause 2.3 the Company will reimburse all payments received from the Customer including the costs of delivery (except for the supplementary costs arising if the Customer chose a type of delivery other than the least expensive type of standard delivery offered by the Company), and subject to a deduction from the reimbursement for loss in value of any Product(s) supplied if the loss is the result of unnecessary handling or use by the Customer. The Company will make the reimbursement without undue delay, and not later than:

(a)  14 days after the day the Company receives back any goods supplied, or

(b)  (if earlier) 14 days after the day the Customer provides evidence that the Customer has returned the goods, or

(c)  if there were no goods supplied 14 days after the day on which the Company was informed about the Customer’s decision to cancel this contract.

The Company will make the reimbursement using the same means of payment as the Customer used for the initial transaction, unless expressly agreed otherwise, and in any event the Customer will not incur any fees as a result of the reimbursement. In the case of the supply of Product(s) the Customer shall send back the goods or hand them over to the Company at Unit 16 The Pines Business Park, Guildford, Surrey, GU3 3BH for the attention of the Operations Director, without undue delay and in any event not later than 14 days from the day on which the Customer communicates the Customer’s cancellation of this contract to the Company. The deadline is met if the Customer sends back the goods before the period of 14 days has expired. The Customer will bear the costs of returning the goods. The Customer is only liable for any diminished value of the Product(s) resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product(s). In the case of a service if the Customer requested to begin the performance of the services during the cancellation period the Customer will pay the Company an amount which is in proportion to what has been performed until the Customer communicated the written cancellation in comparison with the full coverage of the contract. For any complaint in relation to this clause and consumer rights the Customer should contact the Operations Director at the Company.

3. Price and Payment

3.1  The Company sells the Product(s) and Services at the Price set out on the Order (the ”Price”) which unless otherwise stated by the Company is inclusive of all UK import duties and import costs. The Price excludes VAT which shall be applied where applicable and calculated in accordance with the prevailing rate as at the date of the invoice for the Product(s) and Services rendered by the Company. Full payment (cleared funds) is required to initiate an order except in the case of a full simulator order as per 3.2 – 3.2 below. The Customer is responsible for any local duties and taxes where the delivery location is outside of the UK.

3.2  For full simulator orders and orders that require manufacture or installation a non-refundable deposit of 50% of the Price (plus VAT where applicable) is due from the Customer at the time the Order is placed. Where the Product(s) and Services include installation by the Company the balance of the Price is due 7 days before the date of delivery or prior to shipping as advised by the Company in accordance with clause 4.1. Where the Product(s) are not installed by the Company the balance is payable prior to shipment to or collection by or on behalf of the Customer.

3.3  After receipt of the Order and at any time prior to delivery, the Company reserves the right to revise the Price in the event of any change in its costs, or the prevailing conditions, or the Customer changing an installation date once this has been agreed. In such circumstances the Company will notify the Customer in writing within 7 days of the determination of the revised Price and the Customer may then cancel the Order in writing to the Company within 7 days of receipt of the revised Price, unless in the meantime the Customer accepts the Order by allowing delivery of the same.

3.4  Where the Company provides installation services the Company reserves the right to charge the Customer additional sums in relation to any costs and inconvenience caused by matters beyond the control of the Company, including but not limited to agreed installation dates being changed by the Customer or their representatives, delays or extra works caused by a change in design, the site not being ready on the agreed date in accordance with the requirements of the Company, and for delays and extra works carried out by the Company pursuant to matters that arise during the installation.

3.5  The Customer may not withhold payment of any invoice or other amount due to the Company by reason of any right of set-off or counterclaim which the Customer may have or allege to have against the Company.

4. Delivery and Risk

4.1 Unless otherwise stated on the order form or invoice the Price includes all freight, insurance and other expenses incurred in connection with the delivery of the Product(s) and Services by the Company or its nominated agent. The time of delivery will be at the Company’s discretion unless other arrangements are made

Optimum Golf Technologies Ltd, Unit 16 The Pines Business Park, Broad Street, Guildford, GU3 3BH, ENGLAND Registered address as business address above. Registered in England No. 7471211.

Document Reference: OGTT&C270718 Page 1 of 4 with the Customer and will be notified to the Customer prior to delivery. Delivery is conditional upon payment of the Price in accordance with clause 3.2. The Customer shall make all necessary arrangements to receive the Product(s) and Services at the time specified by the Company and unless otherwise agreed in the Order the Customer is responsible for the unloading of the Product(s) and moving them to the required position(s) on site. The Customer shall ensure that it has made all arrangements necessary to conform with the Pre-Installation Checklist (which should be completed and returned as early as possible in order that an installation date can be scheduled) or other documents as required by the Company.

4.2  The time of delivery and installation is estimated only and is not guaranteed by the Company due to the Company’s importation of the Product(s) and the resultant lead times and the Company shall have no liability to the Customer for any late delivery or installation. The Company shall inform the Customer as soon as practicable if an Order will be delayed and provide the Customer with a new estimated delivery and installation date.

4.3  Delays in the delivery of an Order shall not entitle the Customer to:

4.3.1  refuse to take delivery of the Order; or

4.3.2  terminate this Contract.

4.4  The Company shall have no liability to the Customer for the Customer’s failure to take delivery of the Product(s) and Services for any reason and the Company shall at its sole discretion either store the Product(s) at the Customer’s expense until delivery can be made or dispose of the Product(s).

4.5  For simulator sales or sales of bulky items the Customer shall notify the Company not less than 14 days prior to delivery and/or installation of any requirements or restrictions affecting delivery of the Product(s) and of any health and safety and/or working practices or procedures that must be adopted by the Company. The Company reserves the right to make an additional charge if any such requirements, restrictions, practices or procedures increase its costs of delivery or installation or any other of the Services.

4.6  Where the Customer provides assistance for the Company’s technician(s) to utilise as needed during any installation process the additional personnel must be covered by the Customer’s insurance policy which should provide adequate cover in relation to accidents etc.

4.7  Where the Company or its agents deliver the Product(s), risk shall pass to the Customer when the delivery vehicle enters onto the Customer’s property, or, if it is not possible for the delivery vehicle to enter the Customer’s property, when the delivery vehicle parks for the Product(s) to be unloaded onto the Customer’s property. The Customer shall insure accordingly.

4.8  Where the Customer collects the Product(s) from the Company or arranges collection via a third party the risk shall pass to the Customer at the point the Customer or third party take possession of the Product(s), or immediately prior to the Product(s) being loaded onto or into the collection vehicle, whichever is the sooner.

5. Inspection and Acceptance

5.1  Receipt by the Company of the Order and or an initial deposit payment shall be conclusive evidence of the sale. All sales are final and save for defective Product(s), no returns will be accepted without prior written authorisation from the Company.

5.2  The Customer must examine the Product(s) immediately upon delivery and if the Product(s) are being installed by the Company, again immediately upon installation and in either case within 5 days thereafter notify the Company in writing of any damage or defects. At the Company’s election it may inspect the alleged faulty Product(s) at the installation site or require the alleged faulty Product(s) be returned to the Company (or such other place as it shall reasonably direct) for inspection. The Customer will return any allegedly faulty Product(s) within 14 days of such request. The Customer will pay the costs and expenses of any such return and will pay to the Company the reasonable costs of any tests carried out on the Product(s) (such cost to be certified by the Company) together with the costs of return thereof to the Customer. The Company will reimburse such costs and expenses only to the extent they are reasonable and where the defect is clearly the liability of the Company.

5.3  In the absence of any notice of defect pursuant to clause 5.2, the Customer will be deemed to have examined and accepted the Product(s) in full. Where the Contract is for the sale of two or more Products comprising a single unit, then, in accepting any of the Products included in the one unit, the Customer (unless expressly stated to the contrary) is deemed to have accepted all of the Products making up that unit.

6. Training and Support

Unless otherwise stated by the Company, any training will be provided remotely by telephone or in the case of on-site installation immediately following installation in which case the Customer should ensure that the appropriate personnel are available. The Company shall provide technical support to the Customer in accordance with the New Customer Support section of the Foresight Sports Europe – UK Support document or Swing Catalyst documentation or other documents made available by the Company that relate to customer support and which are relevant to the Customer’s country of location. The availability and hours of operation of telephone support are between 9am to 5pm UK time weekdays (or such other number as the Company may notify the Customer). Charges for other additional back-up services shall be as specified in the support documentation, support contracts and price lists from time to time in force, and available on request from the Company.

7. Warranties, Liabilities and Remedies of the Customer

7.1  Subject to the provisions of the Contract and the Customer’s strict compliance with the Contract and guidance and instructions in the manual supplied with the Product (”the Manual”) and all other conditions confirmed in writing to the Customer from time to time, the Company warrants for a period of one year from the date of shipping that the Product(s) will conform to the manufacturer’s specifications and warranties as at the date of the Order, or any specifications provided by the Customer and expressly agreed to in the Order by the Company. If during the one year limited warranty period the Product is found by the Company to be defective, the Company will either repair the Product, replace the defective Product with a new Product, or exchange the Product with an equivalent Product. This limited warranty is available only to the original purchaser of the Product(s) (unless in the case of a simulator the Company carries out the de-installation and re- installation of the Product) and is expressly made in lieu of all other warranties, express or implied.

7.2  The warranty in section 7.1 does not apply to Product(s) that have been damaged by accident, shipment, handling or abuse, or alterations or repairs not performed by the Company including the addition of any software to the computer or the connection to any web or internet site or service not approved by the Company, or any defect arising from wilful damage or negligence of the Customer, or failure to follow the Company’s reasonable instructions for operation and maintenance including but not limited to the Manual. Consumable items including but not limited to screens, tees, hitting mats, GC2 flash modules and projector bulbs and other items that wear out due to normal usage are excluded from the warranty. Items not manufactured by the Company or Foresight Sports Inc or Swing Catalyst such as projectors and touchscreens are covered by their respective manufacturer or supplier’s warranty. The Company will not warrant interruptions in the performance or operation of the software, or hardware due to acts of God (power failures, storms, etc.) or computer or software viruses. The Customer acknowledges that it is not possible to test computer software and hardware in all possible circumstances and that it is therefore not possible to produce software that is free from error in all respects.

7.3  To make a claim under the limited warranty provided in clause 7.1, the Customer must (1) notify the Company’s Technical Support Department in writing of the nature of the problem within the warranty period and obtain instructions for obtaining service, and (2) at the Company’s sole discretion make the defective Product(s) available for inspection by the Company in situ or deliver the defective Product(s) to the Company, to the address designated by the Company in packaging that will protect against further damage. At the Company’s option the Product(s) may be serviced at the Customer’s location or at a location designated by the Company.

7.4  The Company shall be under no liability under the warranty (or any other warranty condition or guarantee) if the Price has not been paid in full.

8. Limitations

8.1  This clause sets out the entire financial liability of the Company (including any liability for the acts or omissions of the Company’s respective employees, agents and sub-contractors) to the Customer in respect of any breach of the Contract; or any use made of the Product(s) (or of any product incorporating any of the Product) by the Customer; and in respect of any representation, statement, act or omission (including negligence) arising under or in connection with the Contract or the Product(s) and Services.

8.2  Subject to the remainder of this clause 8, the Company’s total liability in connection with the Contract and the Product(s) and Services as a result of injury or damage to property as a result of the Company’s negligence shall not exceed 200% of the Price. The Company’s total liability in connection with this Contract

Optimum Golf Technologies Ltd, Unit 16 The Pines Business Park, Broad Street, Guildford, GU3 3BH, ENGLAND Registered address as business address above. Registered in England No. 7471211.

Document Reference: OGTT&C270718 Page 2 of 4 and the Product(s) and Services from any other cause shall not exceed the amounts paid by the Customer for the Product(s) and Services directly related to the damage.

8.3  Subject as expressly provided in these terms and conditions the Company disclaims all other warranties and conditions of any kind with respect to the Product(s)

and Services, either express or implied, including without limitation, any implied warranties or conditions of merchantability and fitness for a particular purpose to the fullest extent permitted by the law.

8.4  The Company shall have no liability to the Customer or any other person, for special, indirect, incidental or consequential damages related to the Contract or the Product(s) and Services, including without limitation, damages due to loss of business, revenue, goodwill, data, programs or profits, regardless of the form of action, whether in contract, tort, or otherwise, and whether or not the Company is informed of the possibility thereof in advance.

8.5  Nothing in the Contract shall be construed as limiting the liability of the Company for death or personal injury arising from the Company’s negligence (as defined under the Unfair Contract Terms Act 1977), fraud or fraudulent misrepresentation, breach of the terms implied by s12 Sale of Goods Act 1979 or defective products under s2 Consumer Protection Act 1987.

9. Assumption of Risk and Customer Liability

9.1  The Customer understands that the use of the Product or a launch monitor and/or simulated golf equipment and all attendant activities including swinging golf clubs and/or hitting golf balls within an enclosed environment is a dangerous calculated risk activity which can result in serious permanent bodily injury or death to its participants. The Customer understands that the Customer, and persons who the Customer permits to use the Product(s), can be injured or killed even if they follow the instructions provided by the Company for use of the Product(s). The Customer voluntarily accepts these and all accompanying risks in consideration of the right to purchase and use the Product(s) and with full understanding of the possible consequences and potential dangers, without inducements, promises or statements other than those contained in the Contract. Without prejudice to clause 8.5 the Customer assumes all risks of any nature for any death, injury or other damages to the Customer, the Customer’s property and the property of others, foreseeable or not, which may in any way arise, directly or indirectly, out of the sale and/or use of the Product(s), and from the actions – specifically including any negligent acts or omissions – of all persons involved either directly or indirectly in the simulated golfing activities made possible by the Product(s). The Customer acknowledges and agrees that while dangerous and risky, the activities covered by this Agreement are not ultra-hazardous activities for which one can be held strictly liable. Rather, they are recreational activities in which the Customer, and persons acting through the Customer, will be voluntarily participating for their own enjoyment.

9.2  The Customer warrants and represents that all persons using the Product(s), including the Customer, if the Customer is an individual, and all employees, clients, guests and invitees of the Customer, will be in good physical and mental health and able to withstand the physical and mental stresses inherent in the activities relating to the use of the Product(s). The Customer further states and represents that he, she or it will not permit use of the Product(s) by any person who has a health-related problem that may affect the person’s ability to participate in any activities relating to the Product(s), or by any person under the influence of alcohol, controlled substances, or drugs, prescription or otherwise, prior to or during any activities involving or relating to the Product(s).

9.3  It is the Customer’s sole responsibility to determine what if any health and safety or product liability warning notices, instructions or other labelling should be displayed on the Product(s) and where they should be located or when they should be provided. Without prejudice to the Customer’s obligations stated above the Customer shall not remove, cover, alter or otherwise tamper with any such notices, instructions or labelling that may be placed on the Product(s) by the Company or original manufacturer.

9.4  The Customer should satisfy themselves prior to order that the Products and or Services and the environment in which the Products and or Services are to be incorporated including but not limited to any simulator design or structure design is suitable and safe for their circumstances and or where the Customer supplies or installs any equipment or carries out any works themselves that they are aware that the responsibility and liability for the design, safety and use of the Products and environment lies with them in accordance with this provision and the other provisions in the Contract and that they should take measures to eliminate or negate the effects of any leading edges or design elements that could lead to a golf ball bouncing back towards the player or away from the equipment at any speed that could cause damage to people or belongings including but not limited to the leading edges created by the walls and or ceiling of a simulator or indoor golf enclosure, structure or environment.

9.5  The Customer shall indemnify and hold the Company harmless against any claim by or any loss or damage to any person or property occasioned directly or indirectly by or arising from the use or operation or possession of the Product(s) or any part of the Product(s) and from negligence (including the use of any part of the Product(s) otherwise than in accordance with the Company’s operating instructions and manuals) or default (including any noncompliance with any obligation imposed by these terms and conditions or any delay wrong information or lack of required information) or misuse by or on the part of the Customer or any person or persons other than the Company and this indemnity shall extend to any costs and expenses incurred by the Company and shall continue in force notwithstanding the termination of the Contract or any other agreement between the Customer and the Company.

9.6  The Customer shall indemnify and hold the Company harmless against any claim by or any loss or damage to any person or property occasioned directly or indirectly as a result of any breach of the Customer’s obligations under the Contract or as a result of any customisation or alteration carried out to the Product(s) by the Customer whether such works are approved by the Company or not or where the works are carried out by the Company at the request of the Customer.

9.7  The Customer shall conform with all instructions and labelling prescribed by the Company in relation to the Consumer Protection Act 1987 or other health and safety legislation.

9.8  The Customer shall have no claims to indemnity in respect of and shall fully indemnify the Company its employees agents and representatives against any claims by third parties (and all related costs and expenses) in respect of death or personal injury (save to the extent that the Company otherwise accepts in writing and signed by a director of the Company liability therefore).

10. Title

10.1  In spite of delivery having been made the title in the Product(s) shall not pass from the Company until the Customer shall have paid the Price plus VAT in full and any other sums whatever due from the Customer to the Company whether under this Contract or any other agreement.

10.2  Until title in the Product(s) passes to the Customer in accordance with Clause 10.1 the Customer shall hold the Product(s) and each of them on a fiduciary basis as bailee for the Company. The Customer shall where possible store the Product(s) (at no cost to the Company) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Company’s property.

10.3  Until such time as the title in the Product(s) passes from the Company, the Customer shall upon request deliver up such of the Product(s) as have not ceased to be in existence or been resold to the Company. If the Customer fails to do so the Company may enter upon any premises owned, occupied or controlled by the Customer where the Product(s) are situated and repossess the Product(s).

10.4  The Customer shall insure and keep insured with a reputable insurance company the Product(s) against all risks from the time risk passes to it in accordance with clause 4.6 until such time as title in the Product(s) is vested in it in accordance with clause 10.1 and the Customer shall indemnify the Company against any costs, claims, losses, or expenses of any kind incurred by the Company as a result of its failure to do so.

11. Third Parties

11.1  The benefit of the Contract and the warranties contained herein are personal to the Customer and may not be assigned, transferred, or dealt with in any way by the Customer. The terms of the Contracts (Rights of Third Parties) Act 1999 do not apply to the Contract.

11.2  The Customer shall indemnify the Company against any loss, cost, expense or damage incurred by the Company arising from the use or sale of the Product(s) by the Customer or any person acquiring the Product(s) through the Customer, save to the extent caused by the Company’s negligence or wilful misconduct.

12. Software License

The Customer is granted a conditional, non-transferable license to use the proprietary software originally installed with the Product(s) for as long as the Customer owns the Product(s) or as stated on the Order or invoice if the licence is non-permanent and or geographically limited, the usage of which is subject to the EULA which is available from the relevant Product website. The license is conditioned upon full and timely payment by the Customer of all sums due to the Company Optimum Golf Technologies Ltd, Unit 16 The Pines Business Park, Broad Street, Guildford, GU3 3BH, ENGLAND Registered address as business address above. Registered in England No. 7471211.

Document Reference: OGTT&C270718 Page 3 of 4 and may be revoked without notice if the Customer is in default of any payment or any provision of the Contract. No part of the Company’s proprietary software may be used separately from the Product(s). The Company reserves the right to periodically manufacture updates and enhancements to its proprietary software and to license the same on such terms and conditions as the Company may from time to time determine. Unless otherwise stated on the Purchase Order, the Price does not include any upgrades. Unless otherwise agreed, any upgrades or enhancements sold to the Customer shall be subject to the same licensing conditions and restrictions set forth herein.

13. Confidentiality and Intellectual Property

The Customer acknowledges that the Product(s) contain trade secrets of the Company and Foresight Sports Inc and/or Swing Catalyst and agrees not to reverse engineer or disassemble the Product(s). The Customer also agrees not to remove, hide, deface or tamper with any intellectual property notices or any other notices or branding appearing on the Product(s). Any attempts by the Customer to disassemble, modify or repair any Product(s) or any component parts without the express prior written authorization of the Company shall automatically render all warranties null and void.

14. Late Payment and Interest

Time of payment shall be of the essence of the Contract. Interest shall accrue from the date that the amount becomes due for payment until the date of actual payment at the rate of 4% above Barclays Bank Plc’s base rate from time to time in force and shall accrue at such rate after as well as before any judgment calculated on a daily basis and compounded monthly. The Customer will indemnify the Company in respect of all costs and expenses incurred in connection with the recovery of all overdue amounts.

15. Events outside the control of the Company

15.1  The Company will not be liable or responsible for any failure to perform, or a delay in the performance of, any of its obligations under the Contract that is caused by events outside its reasonable control (a “Force Majeure Event”).

15.2  The Company’s performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and it will have an extension of time for performance for the duration of that period. The Company will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Contract may be performed despite the Force Majeure Event.

16. Miscellaneous

16.1  The Customer agrees to use the Product(s) only in compliance with applicable law and regulations and will be solely responsible for obtaining any necessary government or other approvals applicable to the Customer’s use including but not limited to planning permissions, fire regulations, and structural loading approvals.

16.2  If any provision of the Contract shall be held to be unenforceable by a court of appropriate jurisdiction, then such provision shall be enforced to the maximum extent permitted by applicable law and the remaining provisions of the Contract shall remain in full force and effect.

16.3  The Contract is subject to English law and the parties submit to the exclusive jurisdiction of the English courts. The Contract represents the entire agreement between the parties and supersedes all prior agreements and understandings, written or oral. The Contract may not be modified except in writing and signed by both the Customer and a duly authorized representative of the Company.

16.4  All notices given by the Customer to the Company and vice versa must be given at the addresses of the respective parties set out on the Order. Notice will be deemed received and properly served immediately if delivered by hand or once signed for where sent by recorded or registered post.

Answers to any questions regarding the Products or the terms and conditions of the Contract may be obtained by calling Foresight Sports Europe on +44 (0) 1483 779222 or Swing Catalyst UK on +44 (0) 1483 779226.

END USER LICENSE AGREEMENT

THIS IS AN IMPORTANT AGREEMENT THAT APPLIES TO YOUR USE OF THE FORESIGHT PRODUCTS! PLEASE SCROLL DOWN!

If you are under the age of 18, STOP! You must get your parent or legal guardian to read and accept this agreement.

END USER LICENSE AGREEMENT

This is an agreement between you and Foresight Sports (together with its affiliates “Foresight” or “we” or “our”) and provides important information about your Foresight products. Please read this agreement carefully before using your Smart Camera System (hereinafter “System”) or related software from Foresight Sports (hereinafter “Software”). You are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, you may return the System or Software for a refund in accordance with the applicable return policy. Use of the System or Software without acceptance of this agreement is strictly prohibited.

1. Software Licenses

Foresight provides three types of licenses for its Software. Your invoice will reflect the type of license you have purchased from Foresight.

A. If you have purchased a Permanent License, Foresight grants you an irrevocable, non-exclusive, royalty free, worldwide (except as prevented by US law) license and right to install and use the Software; to permit your affiliates and franchisees to install and use the Software; and to permit your Customers, and your affiliates’ or franchisees’ respective customers to use the Software on the terms of this EULA. Your Permanent License is not limited as to location (except as may be prevented by law), length of time, commercial or personal use, or amount of use. Your Permanent License is registered to a single computer through a variety of metrics that identify your computer. If you replace primary components on your computer, or if you wish to move your license from one computer to another computer, you must deregister your license from the current computer and reregister your license on a new computer.

B. If you have purchased a Temporary License, Foresight grants you a revocable, non-exclusive, worldwide (except as prevented by US law) license and right to install and use the Software; to permit your affiliates and franchisees to install and use the Software; and to permit your Customers, and your affiliates’ or franchisees’ respective customers to use the Software on the terms of this EULA during the period stated in your Invoice. Your Temporary License may be registered to a single computer or to a single Smart Camera System, depending on the type of license you have purchased. If you allow your Temporary License to expire for non-payment of renewal fees or license fees, your license will expire and you will no longer be entitled to use the licensed products.

C. If you have purchased a Smart Camera System with a Geographic License, Foresight grants you a revocable, non-exclusive geographical license which may specify the geographic location(s) in which use of your System is authorized. Your Geographic License requires periodic online activation and confirmation of the geographic location of your System. If your System is used in an unauthorized geographic location, your System’s data output capacity will be disabled. Please contact Foresight’s customer support to obtain a valid Geographical License for the location of your desired use.

You may only use the Software, content, and data that came with your System or that is compatible with and authorized for use on your System, including any updates or replacement to that software, content, or data that we or our authorized providers make available to you subject to the terms of this Section. The Software is licensed, not sold, to you solely for your use. You may not publish, copy, modify, reverse engineer, decompile, or disassemble any portion of the Software, or bypass, modify, defeat, tamper with, or circumvent any of the functions or protections of your System, unless otherwise permitted by law. The System and Software, and any services available using the System are constantly evolving, and we may update or change your System or Software, in whole or in part, without notice to you. Such updates or changes may be required for you to play new games, enjoy new features, or continue to access services. After your System or Software is updated or changed, any existing or future unauthorized modification of the hardware or software of your System, or the use of an unauthorized device in connection with your System, will render the system permanently unusable. Content obtained through the unauthorized modification of the hardware or software of your System will be removed. You agree not to use your System in an unlawful manner or to access the Systems, devices, accounts, Software or data of others (including Foresight Sports) without their (or our) consent.

2. Use of Information.

We may collect, use and disclose personal information that (a) you provide to us; (b) we collect automatically; and (c) we receive from other sources. Please refer to Foresight’s Privacy Policy, located at www.foresightsports.eu, for information on how we collect, use and disclose information from our users. The Foresight Privacy Policy applies to all of our products, services and websites. We recommend that you review Foresight Sports’ Privacy Policy before each use of a Foresight product, service or website to help you stay informed of our privacy practices.

3. Reservation of Rights.

Neither the sale, transfer, license, nor the use of your System or Software transfers any title or ownership of any of our intellectual property rights. We reserve all rights that we have not expressly granted in this agreement.

4. Termination.

Your rights under this agreement will immediately terminate if you do not comply with any term of this agreement. At the time of any termination of this agreement, you will immediately cease all use of the System or Software. Our failure to insist upon or enforce your strict compliance with this agreement will not constitute a waiver of any of our rights.

5. Disclaimer of Warranties and Limitation of Liability.

USE OF YOUR SYSTEM OR SOFTWARE IS AT YOUR SOLE RISK. FORESIGHT IS NOT RESPONSIBLE FOR ANY NON-FORESIGHT SITES, SERVICES, APPLICATIONS, CONTENT, DATA, MESSAGES, OR OTHER ITEMS THAT YOU ACCESS, USE, OR SHARE VIA YOUR SYSTEM OR SOFTWARE. EXCEPT FOR ANY LIMITED WARRANTY THAT APPLIES TO YOUR SYSTEM OR SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FORESIGHT OR ITS REPRESENTATIVES CREATES A WARRANTY. THE SYSTEM OR SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND FORESIGHT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SYSTEM OR SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORESIGHT WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SYSTEM OR SOFTWARE, EVEN IF FORESIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, FORESIGHT’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO THE SYSTEM OR SOFTWARE IS LIMITED TO THE DEPRECIATED VALUE OF THE PRODUCTS YOU PURCHASED AND PAID FOR IN FULL, OR $50,000, WHICHEVER IS LESS. IF A LAW RESTRICTS OUR ABILITY TO LIMIT LIABILITY OR DISCLAIM WARRANTIES, THE LIMITATIONS LISTED ABOVE MAY NOT APPLY TO YOU. IN THAT CASE, WE LIMIT OUR LIABILITY AND DISCLAIM WARRANTIES TO THE GREATEST EXTENT PERMITTED BY LAW.

6. Dispute Resolution; Binding Individual Arbitration; Class Action Waiver.

A. Our consumer services department is available to address any concerns you may have regarding your System or Software. You may contact us at support@foresightsports.eu. Most matters are quickly resolved in this manner to our customer’s satisfaction. Any matter we are unable to resolve and all disputes or claims arising out of or relating to this Agreement, including its formation, enforceability, performance, or breach (each, a “Claim”), with the exception of the matters described in section 6(c) below, shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer-related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Claims. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Any such arbitration shall be conducted by the parties in their individual capacities only and not as a class action or other representative action, and the parties waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class-action waiver set forth in the preceding sentence is void or unenforceable for any reason or that in arbitration can proceed on a class basis, then the arbitration provision set forth in this Section 6 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate.

B. You and Foresight agree to the exclusive jurisdiction of the state and federal courts in San Diego County, California to confirm and enforce any arbitration award.

C. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Foresight Sports are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of these Agreements and the termination of your Foresight Sports account. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA Rules”), as modified by these Agreements, and as administered by the AAA. You and Foresight Sports agree that these Agreements involve interstate commerce and are subject to the Federal Arbitration Act.

D. YOU AND FORESIGHT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, no arbitrator shall consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.

E. Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA’s Consumer Rules with the remainder paid by Foresight.

7. Enforcement.

If any part of this agreement is held to be invalid or unenforceable, that part will no longer apply to the parties and will be replaced by an enforceable provision that most closely reflects the original intent of the parties. All other parts of the agreement will remain in effect unless otherwise provided in this agreement. If Section 6 is held to be invalid or unenforceable, then for any Claims the parties consent to the exclusive jurisdiction of the courts located in San Diego County, California, U.S.A.