NOTE: These terms were updated as of March 12, 2009.

Consent: 

PLEASE READ THESE TERMS OF USE ("TERMS OF USE") CAREFULLY BEFORE USING THIS WEB SITE (THIS "SITE"). BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS THIS SITE. OCTAGON RESERVES THE RIGHT TO CHANGE THESE TERMS OF USE AT ANY TIME, AT ITS OWN DISCRETION AND WITHOUT NOTICE TO YOU; HOWEVER, ALL SUCH CHANGES WILL BE POSTED TO THIS SITE. OCTAGON ENCOURAGES YOU TO REVIEW THE TERMS OF USE FROM TIME TO TIME SO THAT YOU ARE AWARE OF ANY SUCH CHANGES. THE TERMS OF USE THAT ARE APPLICABLE TO YOU AT ANY GIVEN TIME ARE THE THEN-CURRENT TERMS OF USE.


OCTAGON RETAINS THE RIGHT TO DENY ACCESS TO THIS SITE TO ANYONE AT ITS COMPLETE DISCRETION FOR ANY REASON, INCLUDING FOR VIOLATION OF ANY OF THESE TERMS OF USE. THIS SITE PROVIDES LINKS TO VARIOUS OTHER WEB SITES, WHETHER AFFILIATED WITH OCTAGON OR OTHERWISE. THESE OTHER WEB SITES MAY HAVE THEIR OWN TERMS OF USE POLICIES WHICH ARE DIFFERENT FROM, OR IN ADDITION TO, THE TERMS OF USE SPECIFIED HEREIN. BY ACCESSING THESE WEB SITES THROUGH LINKS PROVIDED ON THIS SITE, YOU AGREE TO ABIDE BY EACH APPLICABLE TERMS OF USE POLICY AS THEREIN SPECIFIED.


Copyright, Trademarks & Intellectual Property Rights:
Copyright © 2009 Octagon. All rights reserved. All text, formatting (including without limitation the selection, coordination and arrangement of materials on the Site, and the "look and feel" of the Site), images, graphics, animation, videos, music, sounds, articles, copy, creative, trademarks, logos, and subsidiary, parent, or affiliate company names and other materials on this Site are subject to the intellectual property rights of Octagon, its subsidiaries and affiliates, and their respective licensors and licensees. These materials may not be copied for commercial use, reverse engineered, decompiled, or disassembled, nor may these materials be modified, re-posted to other web sites, framed, deep linked to, or otherwise redistributed in any form. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to make commercial use of any Octagon trademark, intellectual property right or copyrighted material without Octagon's prior written permission. Any unauthorized commercial use of these materials will violate Octagon's intellectual property rights and will be subject to Octagon's full legal rights and remedies.


Limited Right to Use Site Content:
The viewing, printing or downloading of any content from the Site grants you only a limited, nonexclusive, revocable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, transfer, sale, preparation of derivative works or other non-personal use. No part of any content, graphic or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use.

You agree that you shall use the Site only in compliance with these Terms of Use, any other additional rules or guidelines, and any applicable law, regulation, practice, or guideline.  You shall not use or attempt to use the Site to distribute content or messages that are threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, or invasive of a third party’s privacy.  You shall not use the Site to distribute inappropriate or sexually explicit material.  In addition, you shall not use the Site to violate the Octagon’s or a third party’s rights, including any intellectual property rights.  

You acknowledge and agree that as between Octagon and you, Octagon owns all legal rights, title, and interest in and to the Site, including, but not limited to, the look and feel of the Site and any software, images, audio, and video. Nothing herein gives you a right to use any of Octagon’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.  You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.  

You agree that you shall only access, attempt to access, use, or attempt to use the Site through the interface provided, or otherwise authorized, by Octagon.  You shall not access the Site through any automated means, including, but not limited to, bots, scripts, automated data mining processes, and web crawlers, unless specifically authorized in writing by Octagon.  You will not use the Site to distribute or in any manner use viruses or other harmful or unauthorized computer viruses, software, or applications.  You may not adapt, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive the source code from the Site, including any software made available through the Site, frame any portion of the Site, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sub-license, assign, transfer, sell, loan, or otherwise distribute the Site without Octagon’s prior written consent.

You agree that you are solely responsible for your breach of these Terms of Use, including any liabilities resulting from any such breach.  You will not in any manner assist or enable any third party to violate these Terms of Use. 

Except for the limited rights expressly granted herein, all right, title and interest in and to the Site and all materials contained therein are reserved by Octagon. Your right to access this Site may be terminated at any time by Octagon without notice.


Editing, Deleting and Modification:
Octagon reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the Site, including these Terms of Use, at any time without notice.

System Integrity:
You may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Site or to surreptitiously intercept any system, data or personal information from the Site. You may not take any action which imposes an unreasonable or disproportionately large load on the Site's network or other infrastructure.

Privacy Policy:
Octagon recognizes the importance of respecting the privacy of those who visit this Site and choose to take advantage of the programs and information offered at this Site. The Octagon General Privacy Policy (linked below) provides an overview of what you can expect when you enroll in one of our programs or simply browse our Site. Different or more detailed policies will be applicable to certain pages within our Site, and to our country-specific Sites. 

Electronic Notice: 

You agree to receive electronic notices from Octagon made available either via the Site or through an email or instant messaging address provided by you to Octagon.  

Use of Cellular Networks: 

You acknowledge that if you access or use the Site through wireless applications, your wireless provider may charge fees for alerts, web browsing, messaging and other services.  It is solely your responsibility to determine if any such charges apply to you, and you are solely responsible for any costs you incur to access or use the Site through any wireless or other communication service.

Sweepstakes:
From time to time, the Site may invite you to enter sweepstakes or other promotions. All such sweepstakes and promotions are void where prohibited or restricted by law, and are subject to the Official Rules for such sweepstakes and promotions.

No Confidentiality with Respect to Submissions or Feedback:
While we welcome your comments and feedback regarding our Site, products and services, we do not want to receive, and will not accept, ideas or information with any understanding of a confidentiality or non-use obligation of any kind. All comments and feedback disclosed or offered by you to Octagon shall be considered by Octagon to be non-proprietary and non-confidential, and may be used by Octagon without any further obligation to you whatsoever. By disclosing or offering such comments and feedback, you agree that Octagon shall have no further confidentiality, non-use or other obligation to you.

Links to Other Web Sites:
The Site may contain links to other web sites that are completely independent of this Site. Octagon is not responsible or liable for the accuracy, content, or authenticity of the information or content contained in any such linked web site, or for the products or services offered or sold through any such linked web site. Such links shall not be construed as an approval or endorsement by Octagon of the linked web site, or information, content, products or services offered therein. These links are provided only as a convenience to you. If you decide to access other web sites through our Site, you do so at your own risk.  

Indemnification:
You agree to indemnify, defend and hold Octagon and its business partners, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorneys' fees and expenses, related to either your violation of these Terms of Use or your use of the Site.

No Representation or Warranty:
While Octagon will use reasonable efforts to ensure that all material on this Site is correct, accuracy cannot be guaranteed and Octagon does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information contained in this Site.

THIS SITE AND ALL CONTENT CONTAINED HEREIN ARE PROVIDED TO YOU "AS IS," AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OBTAINED BY YOU FROM OCTAGON THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

WITHOUT LIMITATION, OCTAGON DISCLAIMS ALL WARRANTIES REGARDING THE AVAILABILITY OF THE SITE, THAT THE SITE WILL OPERATE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS AT YOUR OWN RISK, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES.

PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimer of Damages and Limitation of Liability:
IN NO EVENT SHALL OCTAGON BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE SITE OR ITS CONTENT, EVEN IF Octagon  OR ITS BUSINESS PARTNERS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

IN NO EVENT SHALL OCTAGON'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR ONE HUNDRED DOLLARS ($100) (WHICHEVER IS LESS), FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY OCTAGON SITE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Governing Law Limitations:
These Terms of Use shall be construed, interpreted and performed exclusively according to the laws of the COMMONWEALTH OF VIRGINIA, United States of America, without giving effect to any principles of conflicts of law. You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to these Terms of Use or this Site shall be filed only in the Federal or state courts sitting in VIRGINIA. You hereby consent and submit to personal jurisdiction of such courts for the purposes of any action related to the Site, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

United Sates and foreign export control laws regulate the export and re-export of technology originating in the United States and such foreign countries. You agree to abide by these laws and regulations as applicable and will not transfer, directly or indirectly, by electronic transmission or otherwise, any content or software from this Site to or from any countries or foreign nations in violation of such laws or regulations.

Should any part or provision of these Terms of Use be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use constitute the only terms between Octagon and you. These Terms of Use supersede any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, goods and/or services provided by or through the Site, and the subject matter of these Terms of Use. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms of Use, the Terms of Use shall take precedence. Octagon’s failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of its right to enforce such provision.


Contact Information:
Sybase Classic presented by ShopRite
c/o Octagon
919 Third Avenue, 18th Floor
New York, NY 10022
t: 1-800-444-LPGA
f: (212) 546-7325