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GOLFERS WIRED ON-LINE SCORING, TRACKING AND ANALYSING SYSTEM USAGE AGREEMENT This Agreement sets forth the terms and conditions which apply to your use of the Golfers Wired web site and all services offered through this site (collectively, the "Service") which is offered to you by Golfers Wired, Inc. ("Golfers Wired"). BY COMPLETING THE REGISTRATION PROCESS AND BY CLICKING ON THE "CONTINUE" BUTTON, YOU AGREE TO THE TERMS OF THIS USAGE AGREEMENT JUST AS IF YOU HAD SIGNED THIS USAGE AGREEMENT. You also agree to the terms and conditions of our Privacy Policy enclosed in this document which governs the use by Golfers Wired of information received about you. If you do not agree to be bound by this Agreement, discontinue your use of the Service and send an email to support@golferswired.com. 1. Account Responsibility and Fees. The person who registers by completing the registration process is the "User" for the purposes of this Agreement. As part of the registration process, User establishes an account ("Account") with Golfers Wired or any of its affiliates for access to and use of the Service using a username and password. The User is responsible for ensuring that all use of the Service under the User's Account (i.e. use of the Service by any person using the User's username and password) is in compliance with this Agreement. The User is responsible for maintaining the confidentiality of his or her password. You as a member of the Service have agreed to pay a subscription fee for the use of the Service according to one of the following options chosen during the registration process: (a) Annual Fee . You agree to pay US$9.99 (or the prevailing Fee at the time of the paid Subscription which may be lower or higher based on promotional activity from Golfers Wired or any of its affiliates) for each year of the Service, payable in advance at the time of registration and each anniversary of the registration date, subject to any promotional discount offered on the registration page. Annual subscriptions will automatically renew and be billed to the credit card designated during the registration process. Subscriptions may be cancelled at any time; however, no fees will be refunded. All subscription fees are payable in U.S. dollars unless posted otherwise, and if paid by an individual User may be paid by using any of the following credit cards: VISA, MasterCard or American Express. You agree to pay all fees and charges incurred for your Account. All fees and charges are non-refundable. Golfers Wired may change the fees and charges in effect, or add new fees or charges, by giving you notice in advance. Any changes to fees or charges will become effective when your next subscription fee payment is due, unless Golfers Wired has specified a later effective date. All fees and charges incurred in respect of your Account will be charged to the credit card you designated when registering. If you want to designate a different credit card, or change from a monthly to an annual subscription or any other combination (or vice-versa), you may do so by updating the information contained on your Preferences section of the site. If you believe someone has accessed the Service using your Account, without your authorization, you may change your password at any time at the Member Profile page, or contact us by sending an e-mail to support@golferswired.com to make other changes to your Account. Notice of Renewal . All paid Subscriptions will be automatically renewed upon expiry of the term outlined above on the credit card obtained either at the time of the initial billing or obtained any time throughout the membership from the Golfers Wired member. Once the Subscription fee has been renewed the membership fees paid become non-refundable and final. The member of the Service will be notified of an upcoming renewal within 30 days, or equal, prior to the expiry of the Subscription renewal to ensure that the member of the Service will be given proper notice of the renewal. As well, the member of the Service will be notified that their membership has been renewed complete with an Order ID after the renewal has taken place. In most cases, if not all, the member will be notified by way of e-mail with the e-mail address of the member of the Service which is prevailing on the Golfers Wired Service at the time of the notice. Should a member choose an alternative means to be notified of a renewal please contact us by sending an e-mail to support@golferswired.com to make the request. Discontinuance of Membership Subscription . All paid Subscription members of the Service may discontinue the usage by either sending an e-mail to support@golferswired.com or by not using the Service or not posting to the site. In any event, no refunds will be provided at any time for the paid up membership either before or after a renewal. Further, should a paid Subscription member of the Service not want to automatically renew their paid Subscription membership for a new term, then it is incumbent on the paid Subscription member to choose “Profile” on the navigation sub menu and uncheck the “Automatically renew my membership program” checkbox. Golfers Wired will accept no responsibility for a member of the Service does not manage their own Profile and auto renewal status among other attributes of the Profile or Preferences page(s).
2. Restrictions on Use. This Service is owned and operated by Golfers Wired and its affiliated companies and contains material which is derived in whole or in part from material supplied and owned by Golfers Wired, its Service Providers (defined below) and other sources, and is protected by copyright, trademark, and other applicable laws. Golfers Wired may engage one or more parties to provide content to the Golfers Wired web site and/or Internet services, which parties will herein be collectively referred to as "Service Providers." You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from this Service including code and software ("Material"). You may download Material from this Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. In the event that you download Material from the Service, such Material is licensed to you by Golfers Wired, Service Providers or their licensors, and neither Golfers Wired nor Service Providers, nor their licensors, transfer any ownership in such Material to you. In the event you decide to utilize the tee-time booking service of Golfers Wired, you agree to be bound by Golfers Wired's Booking and Cancellation Policy and any documents referenced therein. You agree not to establish a link on another web site that directs a user to any location at the Golfers Wired web site other than the Golfers Wired home page, which may be found at www.Golfers Wired.com. The use of this site is limited to residents of Canada and the United States, if you do not reside in Canada or the United States , Golfers Wired is not making any offer or solicitation to you. 3. Message Board and Chat Services. (a) General. The Service may include discussion forums or user commentary areas (the "Discussion Forum") and chat areas (collectively with the Discussion Forum, the "Community Areas"). Golfers Wired does not currently charge any amount for these services in addition to the subscription fees described above, and reserves the right to add or delete these services, or introduce a separate charge for these services, at any time. Violation of the terms of this Agreement may result in the termination of your right to use the Community Areas. 4. Submissions . Golfers Wired is pleased to hear from users and welcomes your comments regarding its programs and services. Unfortunately, Golfers Wired's company policy does not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Golfers Wired's employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback on our programs and services, we must ask that you do not send original creative materials such as stories, ideas or products. If, at our request, you send certain specific submissions (postings to the Community Areas, or contests), or without a request from us you send creative suggestions, ideas, notes or concepts or other materials, they shall be deemed, and shall remain, the property of Golfers Wired, and shall otherwise be subject to the provisions of Section 3(d), above. 5. Disclaimer of Warranties . GOLFERS WIRED HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS SERVICE. NEITHER GOLFERS WIRED, SERVICE PROVIDERS, THEIR PARENT OR SUBSIDIARY COMPANIES NOR THEIR AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS SERVICE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GOLFERS WIRED AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER BOOKGOLF.COM NOR SERVICE PROVIDER WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICE, INCLUDING THE COMMUNITY AREAS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER GOLFERS WIRED NOR SERVICE PROVIDERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SERVICE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SERVICE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS WHICH YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU (AND NOT GOLFERS WIRED OR SERVICE PROVIDER) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. 6. Limitation of Liability . IN NO EVENT SHALL GOLFERS WIRED, SERVICE PROVIDERS, THEIR PARENT OR SUBSIDIARY COMPANIES NOR THEIR AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE OR WITH THE DELAY OR INABILITY TO USE THIS SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF GOLFERS WIRED, SERVICE PROVIDER OR ANY OF THEIR AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER GOLFERS WIRED, SERVICE PROVIDERS, THEIR PARENT OR SUBSIDIARY COMPANIES NOR THEIR AFFILIATES OR SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SERVICE. SOME STATES, PROVINCES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES, PROVINCES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE, PROVINCE TO PROVINCE OR JURISDICTION TO JURISDICTION. 7. Indemnification . You agree to release, defend, indemnify and hold harmless Golfers Wired, Service Providers, their affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service. 8. Termination . This Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated, suspended, or canceled for any of the following reasons: (a) immediately by Golfers Wired for any unauthorized access or use by you, including, without limitation (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, or (iii) any other access or use of the Service except as expressly provided in this Agreement; or (c) immediately, if you violate the terms and conditions of this Agreement or the rules and regulations relating to the use of, or tamper with or alter any of the software and/or data files contained in, or accessed through, the Service. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which Golfers Wired or Service Providers may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to Golfers Wired and its licensors. 9. Trademarks . All trademarks, service marks and trade names used on the Service are the property of Golfers Wired Corporation or their respective owners, and may not be copied, downloaded or otherwise exploited without the permission of Golfers Wired or the owner of such trademark, servicemark or trade name. 10. Minors . If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to register as a member of the Service, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Service; and (c) the consequences of any use of the Service by such Minor. 11. Child Online Protection Act Notification . Pursuant to 47 U.S.C. Section 230(d) as amended, Golfers Wired hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Web site, http://www.eff.org/pub/Censorship/Ratings_filters_labelling/, and at the America Links Up Web site, http://www.netparents.org/parentstips/browsers.html. 12. Infringement Policy. Golfers Wired, on behalf of itself and Service Providers, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use the Service if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Golfers Wired and Service Providers accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Golfers Wired, on behalf of itself and Service Providers, has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Our designated agent to receive notification of claimed infringement is: Golfers Wired, LLC 8508 Beaver Creek Drive , Charlotte, NC 28269 In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to our designated agent, listed above, and must include the following information: A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed. 13. Modification. Golfers Wired reserves the right to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Service, via e-mail or any other reasonable means. Golfers Wired may at any time revise this Agreement by updating this posting on its Web site. By using this Service, you agree to be bound by any such revisions and should therefore periodically visit the Golfers Wired Web site to determine the then current agreement by which you are bound. A User not agreeing to any modified terms of this Agreement may terminate his or her Account using the "Member Profile" page, or by sending an e-mail to support@golferswired.com (specifying the username and password of the Account to be terminated). Continued use of the Service by you shall be deemed to indicate your acceptance of any such amendments, modifications, additions or deletions. 14. United StatesJurisdiction . If you are accessing the Service from outside of Canada you agree to be bound by the following provisions: (1) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS IN FORCE IN THE STATE OF ARIZONA, EXCLUDING ITS CONFLICTS OF LAW RULES. The parties expressly agree to exclude the operation of the United Nations Convention on the International Sale of Goods. YOU HEREBY EXPRESSLY AGREE THAT THE FEDERAL AND STATE COURTS PRESIDING IN PHOENIX, ARIZONA SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION OF ANY AND ALL CAUSES OF ACTION arising out of or in connection with this Agreement or any use of this Web site, the Service or any products or services provided in connection therewith, and you agree that you shall not commence any legal action against Golfers Wired except in such courts. The parties expressly waive any claim of lack of jurisdiction or improper venue in any legal proceeding arising out of, in connection with, pursuant or incident, to this Agreement or any use of this Web site, the Service or any products or services provided in connection therewith. 15. Canadian Jurisdiction. If you are accessing the Service from Canada you agree to be bound by the following provisions: (1) This Agreement shall be governed by and construed in accordance with the laws in force in the Province of Ontario , excluding its conflicts of law rules. The parties expressly agree to exclude the operation of the United Nations Convention on the International Sale of Goods. You hereby expressly attorn to the jurisdiction of the courts of Ontario, and you agree that you shall not commence any legal action against Golfers Wired except in the courts in the Province of Ontario . 16. Security. Golfers Wired and its website affiliates maintain practices and procedures designed to ensure the security, integrity and confidentiality of personal information collection through the Sites. A firewall protects the e-mail server to which all personal information is delivered. Access to the information is limited to those employees and contractors who need it to carry out their business functions. Golfers Wired employees are educated about the importance of safeguarding personal information and preventing unauthorized access, disclosure and use. Finally, we use secure server software ("SSL") that encrypts credit card information (including your name and address) submitted to any of the Sites. This encryption protects this information so it cannot be viewed as it is transmitted over the Internet. 17. Handicap Matters. You further acknowledge that your membership to a Golfers Wired Golf Club and your Golfers Wired’s Golf Club’s registration is subject to termination if Golfers Wired or the USGA or RCGA (or other registered golf association associated with Golfers Wired) determines that you or your Golfers Wired Golf Club has failed to comply with the Golf Club By-Laws and the rules and regulations established by the USGA or RCGA (or other registered golf association associated with Golfers Wired). You acknowledge and agree that you have no remedy of any kind, express or implied, for damages of otherwise, against Golfers Wired in the event your status as a Member or your Golf Club registration is suspended or terminated. 18. General Matters. Unless otherwise specified, the materials on this Service are presented solely to provide information regarding and to promote Golfers Wired's golf tee time scheduling service in Canada and the United States , its territories, possessions and protectorates. Golfers Wired and Service Providers make no representation that materials on this Service are appropriate or available for use outside Canada or the United States . No software from this Service may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) any country to which the U.S. has embargoed goods, (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or (C) anyone prohibited by the Canadian Export and Import Controls Bureau. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Software from this Service is further subject to Canadian and United States export controls. You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of Golfers Wired. Any assignment other than as provided for in this Section shall be null and void. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
We are committed to safeguarding the privacy of its members and adheres to the following policy. We suggest that you review the Privacy policy, which describes how information is collected and used. Please check back from time to time, as our policy may change.
In addition to registration we may ask you for personal information at other times, including (but not limited to) when you enter a contest or promotion sponsored by Golfers Wired and/or our partners. If you contact us we may keep a record of that correspondence in order to ensure a prompt and accurate response. Golfers Wired also occasionally asks members to complete optional surveys that we use for research purposes. This information will not be shared with any third party without your direct permission. Wherever we collect personal information we make an effort to include a link to this Privacy Policy on that page. We may offer a special promotion for our Users to receive a gift with purchase such as a magazine subscription, golf balls or other benefits. In order to receive the promotional offer, we may use the information filled in by the User and send it to a third party in order to fulfill on the promotion. BY COMPLETING THE REGISTRATION PROCESS AND BY CLICKING ON THE "CONTINUE" BUTTON, YOU AGREE TO THE TERMS OF THIS PRIVAVCY AGREEMENT (INCLUDING THIS PARAGRAPH) JUST AS IF YOU HAD SIGNED THIS USAGE AGREEMENT . In the course of using our site, we automatically track what browser you are using, and your IP address. Many sites automatically collect this information. We use your IP address to help diagnose problems with our server, and to administer our Web site. Your IP address is also used for click stream data.
We use temporary cookies to measure certain traffic patterns and tell us which areas of Golfers Wired you have visited, and your visiting patterns in the aggregate. We use this research to understand how our members' habits are similar or different from one another so that we can make each new experience better. We may use this information to better personalize the content, banners, and promotions that you and other members will see on our site. A temporary cookie is erased at the to end of a session. The length of a session can vary depending on browsers and servers, but generally a session is the length of time that the browser is open for (even if you are no longer at our web site).We allow you to use permanent cookies to remind us of who you are and to access your account information in order to deliver more personalized service to you. This cookie is set when you register or login and is modified when you logout of Golfers Wired. If you select not to use a permanent cookie, you are required to enter your member ID and password in order to access our web site. We use various software programs to manage and display advertisements on our site. These advertisements may contain cookies. While we use cookies in other parts of our web site, cookies received with advertisements.
If you indicated upon registration that you are interested in receiving offers or information from Golfers Wired and, we may occasionally send you e-mail or direct mail such as our TeeMail, about products and services that we feel may be of interest to you. Only Golfers Wired, or sub-contractors working on our behalf of and under confidentiality agreements, will send you these e-mails or direct mailings. If you do not want to receive such mailings, simply tell us when you give us your personal information or edit your member profile to no longer receive such offers and mailings. Golfers Wired reserves the right to disclose account information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating Golfers Wired's Terms of Service or may be causing injury to or interference with, either intentionally or unintentionally, Golfers Wired rights or property, other Golfers Wired members, or anyone else that could be harmed by such activities.
Send an email: support@golferswired.com .
Send an e-mail: support@golferswired.com .
Send an email: support@golferswired.com .
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