Terms & Conditions
I. DESCRIPTION OF SERVICE
GolfHub provides users with access to a rich collection of resources, including various web application tools, blog, forums, social network service, shopping services, search services, and personalized content through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for GolfHub to provide the Service. You also understand and agree that the Service may include certain communications from GolfHub, such as service announcements, administrative messages, GolfHub Tee Time Alerts, Weekly Specials and other GolfHub email newsletters, and that these communications are considered part of GolfHub membership. You understand and agree that the Service is provided "AS-IS" and that GolfHub assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
II. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GolfHub has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GolfHub has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). By using GolfHub, you certify that you are at least 18 years old. Please remember that the Service is designed to appeal to a broad audience, and will therefore include content that appeals to that audience.
IV. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify GolfHub of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GolfHub cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
V. PROPRIETARY RIGHTS
Users acknowledge and agree that all contents and materials available through the Services are protected by United States copyright laws, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by GolfHub, Users agree not to sell, license, rent, modify, copy, reproduce, distribute, transmit, publicly display, publicly perform, publish, edit, adapt, or create derivative works from such materials or contents, in whole or in part, in any manner, without the express written permission of GolfSwitch and GolfHub. To request permission from GolfSwitch and GolfHub, contact our Customer Service Department.
VI. TEE TIME TRANSACTIONS
By accepting making a tee time reservation on GolfHub, you agree that GolfSwitch may charge a booking fee to your credit card per golfer for each tee time reservation that you make via this web site.
The golf course you selected requires advance notice before day of play for any cancellation, which you may furnish either by following the tee time cancellation procedure on this site or by contacting the course directly. If you do not cancel your reservation in accordance with the course cancellation policy, the course may charge your credit card the entire greens fee for all rounds reserved.
Although GolfSwitch is using its most reasonable effort to provide an Internet reservation system for customers desiring to reserve rounds at golf courses participating in its network, you understand that GolfSwitch is providing its reservation service "as is" without making any warranties of any kind, including any express warranties and the implied warranties of merchantability and fitness for a particular purpose, except as required by law. GolfSwitch's maximum liability for any damages that you may suffer or that may result from your use of the reservation system will not exceed the aggregate booking fee paid for the reservation owing rise to the damages. In no event will GolfSwitch or any of its suppliers be liable for any consequential, incidental or any such damages or for lost profits of any kind, even if apprised of the possibility of any such damages.
VII. BULLETIN BOARD POSTINGS/ANNOUNCEMENTS
The GolfHub bulletin board is provided to allow members a place to post advertisements and announcements, including, but not limited to: merchandise for sale or barter, 'looking for players', private golf events and golf items for sale or barter. All items and announcements posted on the GolfHub bulletin board must be done so in accordance with state and federal laws. No items that are illegal to obtain, possess or sell may be posted on the GolfHub bulletin board.
GolfHub is not responsible for the initial screening of items posted on the bulletin board. Removal of items or announcements from the GolfHub bulleting board may be done at the sole discretion of GolfHub and GolfSwitch.
Any information submitted as a part of a posting on the GolfHub bulletin board will be made available for public viewing. Users should have no expectation of privacy with regard to the items or information they post; and GolfHub and GolfSwitch are not responsible for the consequences of Users displaying any personal information on the GolfHub bulletin board.
GolfHub members may utilize the GolfHub messaging system to converse regarding items or announcements displayed on the bulletin board. GolfHub and GolfSwitch are not responsible for any personal information divulged during such exchanges, nor are they responsible for the consequence of doing so.
GolfSwitch and GolfHub will not arbitrate in, nor do they bear any responsibility for matters related to agreements, offers, and contracts made using the GolfHub bulletin board, nor any element of the GolfHub service.
Contact information such as email addresses, phone numbers, website links or references to competing golf tee times and golf community sites is strictly prohibited and will result in the deletion of the post.
VIII. PHOTOGRAPH/STORY SUBMISSION POLICY
Photos must be no more than 600K in size. Only GIF or JPG formatted files may be posted on GolfHub. GolfHub is intended for personal use. Professional or corporate uses of GolfHub are prohibited. You must not, in the use of GolfHub, violate any laws in your jurisdiction (including but not limited to copyright laws). Violation of any of these agreements will result in the termination of your GolfHub account.
While GolfHub prohibits such conduct and content on its site, you understand and agree that GolfHub cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the GolfHub service at your own risk.
By submitting images or stories, users certify that they own the content or have the right to permit GolfHub to use and publish this content and that they understand that all content submitted to GolfHub may be published, used or distributed in electronic or other media. GolfHub reserves the right to reject any content.
Contact information such as email addresses, phone numbers, website links or references to other businesses or competing golf tee times and golf community sites on these images or stories is strictly prohibited and will result in the deletion of the post.
IX. USER SUBMITTED COMMENTS
The User Comments feature of GolfHub provides registered GolfHub members with an outlet for expressing their views on GolfHub's site content. All posted comments must be made in accordance with state and federal laws, and with the terms and conditions of this site.
Any information submitted as a part of user comment will be made available for public viewing. Users should have no expectation of privacy with regard to the items or information they post; and GolfHub and GolfSwitch are not responsible for the consequences of Users displaying any personal information on the GolfHub bulletin board. By submitting images or stories, users certify that they own the content or have the right to permit GolfHub to use and publish this content and that they understand that all content submitted to GolfHub may be published, used or distributed in electronic or other media.
Contact information such as email addresses, phone numbers, website links or references to competing golf tee times and golf community sites is strictly prohibited and will result in the deletion of the post.
GolfSwitch and GolfHub will not arbitrate in, nor do they bear any responsibility for matters related to agreements, offers, and contracts made using the GolfHub commenting feature, nor any element of the GolfHub service.
GolfHub is not responsible for the initial screening of user-submitted comments. GolfHub cannot and does not monitor all user-submitted or other materials posted or transmitted by users. However, GolfHub and GolfSwitch reserve the right to reject any content and to remove any user comments from the site at their sole discretion.
While GolfHub prohibits such conduct and content on its site, you understand and agree that GolfHub cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the GolfHub service at your own risk. We do not necessarily endorse, support, sanction, encourage, verify, or agree with statements posted on the interactive areas of GolfHub. Any such statements are the views and responsibility of those who posted them, and do not necessarily represent the views of GolfHub or GolfSwitch. You agree that we are not responsible, and shall have no liability to you whatsoever, with respect to any such statements.
You may be held liable for any illegal or prohibited made accessible on or through GolfHub including, for example, infringing, defamatory, or offensive materials. So that GolfHub is available for all users to enjoy, you may not, and hereby represent and warrant that you will not, post, transmit, e-mail or otherwise make accessible on or through the Service any User Content that:
- Is unlawful, harmful, threatening, tortious, defamatory, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another's privacy, hateful, or malicious;
- Contains hate propaganda or promotes discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability, or sexual orientation;
- Is or could be harmful to minors;
- Harasses or advocates harassment of another person;
- Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
- Promotes information that you know is false, misleading, or promotes illegal activities or conduct;
- Is or promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices;
- Infringes any patent, copyright, trademark, service mark, trade secret, or other proprietary right of any other party;
- Contains restricted password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- Provides instructional information about illegal activities such as making or buying illegal weapons, or providing or creating computer viruses;
- Contains a software virus or any other code files or programs that are designed to or have the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment whether owned by GolfSwitch or any other party;
- Solicits passwords, or personal identifying information for commercial or unlawful purposes from other users; or
- Otherwise violates any local, state, national or other applicable law or regulation.
- Impersonate any person or entity or falsely misrepresent your affiliation with any other person or entity;
- Forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any User Content posted or transmitted on or through the GolfHub site;
- Engage in commercial activities and/or sales without our prior written consent including, without limitation, contests, sweepstakes, barter, or advertising;
- Post or transmit any Content that you do not have the right to post or transmit;
- Post or submit unsolicited commercial e-mail, chain letters, pyramid schemes, or seek or encourage others to engage in these activities;
- Disrupt the ordinary flow and operation of any portion of the GolfHub site;
- Interfere with or disrupt the Service or any server or network involved with the operation of the Service;
- Stalk or harass any other person; or
- Collect or "harvest" from the Service the names of other users for the purpose of transmitting to those other users unsolicited commercial messages.
X. USER CONDUCT
As a User of this Site, you will be responsible for, and assume all liability associated with, any material you, or anyone using your e-mail account and password, make available to or through the Service, including but not limited to liability for claims of infringement of intellectual property rights and defamation. You shall not post, transmit through, or otherwise make available on the Service: (i) any material which violates or infringes in any way upon the rights of others, which is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful or otherwise objectionable or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (ii) any copyrighted material, without the express prior written consent of the owner thereof; or (iii) without the express prior written consent of GolfSwitch and GolfHub, any advertising or any solicitation with respect to products or services (unless posted in an area specifically designated for that purpose). Although GolfSwitch and GolfHub do not and cannot review every message posted by Users on the Service, GolfSwitch and GolfHub shall be under no obligation to permit any material posted or transmitted by the User to remain on the Service, and may, but is not obligated to, refuse to display or remove from the Service any material which GolfSwitch and GolfHub, in the exercise of its sole discretion, believes violates this Agreement or any Rules. Material that you author under this Agreement ("User Material") that you (or anyone using your Account) post, transmit through or otherwise make available on the Service in public posting areas such as discussion groups, chat rooms, etc., shall be considered to be in the public domain, and may be copied, published, distributed or otherwise used by GolfSwitch and GolfHub (or other Users) for any purpose without your permission. You acknowledge that any User Material you (or anyone using your Account) post, transmit through or otherwise make available on the Service may be edited, removed, modified, published, transmitted and displayed by GolfSwitch and GolfHub, and you waive, and agree never to assert, any moral rights you may have in such User Material.
You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor, copy web pages or the Content contained in the Service, to refresh or otherwise manipulate the Site to achieve points or other benefits related to use, or for any other unauthorized purpose without our prior, express written permission; (b) use any device, software, or routine to interfere or attempt to interfere with the proper working (including scraping) of the Service and the Site; and (c) take any action that imposes an unreasonable or disproportionately large load on GolfSwitch and GolfHub's hardware and software infrastructure.
XI. INTERSTATE NATURE OF COMMUNICATIONS ON GOLFHUB
When you register with GolfHub, you acknowledge that in using GolfHub services to send electronic communications (including but not limited to search queries, sending messages, uploading photos and files to GolfHub, and other Internet activities), you will be causing communications to be sent through GolfHub's computer networks, portions of which are located in Arizona, and other locations in the United States. As a result, and also as a result of GolfHub's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
XII. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
XIII. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
XIV. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that GolfHub may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on GolfHub's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that GolfHub has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that GolfHub reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that GolfHub reserves the right to modify these general practices and limits from time to time.
XV. MODIFICATIONS TO SERVICE
GolfHub reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GolfHub shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
XVI. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that GolfHub shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because GolfHub has no control over such sites and resources, you acknowledge and agree that GolfHub is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that GolfHub shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
XVIII. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement.
XIX. TRADEMARK INFORMATION
The GolfHub, GolfHub logo trademarks and service marks and other GolfHub logos and product and service names are trademarks of GolfHub and GolfSwitch, Inc. (the "GolfHub Marks "). Without GolfHub's prior permission, you agree not to display or use in any manner the GolfHub Marks.
A User may not use the Services to:
- Restrict or inhibit any other User from using and enjoying the Services;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law;
- Post any sexually explicit materials or materials that may be offensive;
- Post or transmit any information or software that contains a virus, cancelbot, Trojan horse, worm or other harmful component;
- Post or transmit information that threatens or encourages bodily harm or destruction of property, or harasses another individual;
- Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Services for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
- Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Services which is protected by copyright, trademark, patent, trade secret, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from print publications, or other copyrighted sources, and the unauthorized transmittal of copyrighted software;
- Upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Services or derivative works with respect thereto;
- Send unsolicited advertising or promotional materials to other network users;
- Allow users to run Maillist, Listserv or any form of auto-response from a User's GolfHub Account;
- Harm, or attempt to harm, minors in any way;
- Run or activate processes while User is not logged in;
- Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity. This includes "denial of service" attacks against another network host or individual user. It is the User's responsibility to ensure their network is configured in a secure manner;
- Attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of pingbots and other methods of avoiding timing disconnection;
- Violate any of the rules, regulations and policies of those networks and computer systems accessed via User's GolfHub Account;
- Collect, or attempt to collect, personal information about third parties without their consent; or
- Resell the Services without GolfHub authorization.
XXI. REGISTERED USERS' ACCOUNT RESPONSIBILITES AND FEES
It is the User's responsibility to enter and maintain a valid email address in his/her account profile. The Service communicates primarily with Users via email, which includes but is not limited to confirmations, auto-renewal reminders, login reminders, and changes in service. GolfSwitch and GolfHub is not responsible for outdated or invalid email address or Spam filters put in place by the User, which prevent successful transmission of important information.
XXII. TERMINATION OF SERVICE
XXIII. KNOWN VIOLATIONS
XXIV. DISCLAIMERS AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE, AND ANY SOFTWARE OBTAINED THROUGH OR IN CONNECTION WITH THE SERVICE IS AT YOUR OWN RISK AND IS DONE "AT WILL." NEITHER GOLFSWITCH/GOLFHUB, ITS CONTENT PROVIDERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SOFTWARE WILL BE ERROR-FREE; NOR DO GOLFSWITCH/GOLFHUB OR ANY OF THE FOREGOING PERSONS OR ENTITIES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, REGARDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICE OR THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND GOLFSWITCH/GOLFHUB HEREBY EXPRESSLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS CONTENT PROVIDERS SUCH OTHER PERSONS, ALL WARRANTIES OF ANY KIND, OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
YOUR SOLE AND EXCLUSIVE REMEDY AND GOLFSWITCH/GOLFHUB'S SOLE AND EXCLUSIVE OBLIGATION FOR ANY DAMAGES CAUSED (OR ALLEGEDLY CAUSED) BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR OTHER CAUSE, SHALL BE TO TERMINATE YOUR USE AND ACCESS TO THE SERVICE. IN NO EVENT WILL GOLFSWITCH/GOLFHUB OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR ANY SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR ANY SOFTWARE OR OUT OF THE BREACH OF ANY WARRANTY OR ANY OTHER CAUSE.
You agree to indemnify and hold GOLFSWITCH/GOLFHUB and its licensors, parents, subsidiaries, affiliates, officers and employees ("Affiliated Parties"), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your, including anyone's using your computer, e-mail account or password, use of the Service; the violation of the Agreement, or infringement, of any intellectual property or other right of any person or entity.
GOLFSWITCH/GOLFHUB may provide you notice, at its option, by posting a message on the Service, by electronic or conventional mail, or by any other means by which you obtain actual knowledge thereof. Notices to GOLFSWITCH/GOLFHUB must be provided by electronic or conventional mail. Notices to GOLFSWITCH/GOLFHUB by electronic mail must be sent to User Support. Notices to GOLFSWITCH/GOLFHUB by conventional mail must be sent to:
6380 E. Thomas Rd., Suite 232
Scottsdale, AZ 85251
Any notice you provide to GOLFSWITCH/GOLFHUB will not change the terms of your TOS, unless a modification is expressly accepted in writing by an authorized officer of GOLFSWITCH/GOLFHUB.
XXV. OTHER PROVISIONS
GOLFSWITCH/GOLFHUB's waiver of, failure or delay in exercising any right, power or provision hereunder shall not operate as a waiver of its right or power, nor shall any single or partial exercise of any right, power or provision hereunder preclude the exercise of that right or any other right, power or provision in that or any another instance.
GOLFSWITCH/GOLFHUB SUCCESSORS AND ASSIGNS.
This Agreement shall be binding upon and inure to the benefit of any GOLFSWITCH/GOLFHUB successor companies or assigns.
The headings in this Agreement are for convenience only and shall not affect the meaning or interpretation of this Agreement or any provision thereof.
This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, whether oral or written, relating to the subject matter.
This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflicts of law provisions. You agree that any cause of action you may have with regard to the Service must be filed in the federal or state courts, as appropriate, located in Maricopa County, Arizona, within one year after the cause of action arises, or else the cause is barred.
IF YOU ARE NOT AT LEAST 18 YEARS OF AGE OR DO NOT AGREE TO THE TERMS OF THIS TOS, PLEASE EXIT THIS SERVICE IMMEDIATELY.
Dated: November 13, 2006