Terms of Use Agreement
This Terms of Use Agreement was last updated on May 1, 2010.
This Terms of Use Agreement sets forth the standards of use of the GolfLogix Online
Community website (“Service”). By using the GolfLogix website you (“the User”) agree
to these terms and conditions. If you do not agree to the terms and conditions of
this agreement, you should not continue usage of this website. We reserve the right,
at any time, to modify, alter, or update the terms and conditions of this agreement
without prior notice. Modifications shall become effective immediately upon being
posted at golflogix.com. Your continued use of the Service after amendments are
posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.
1. Description of Service
GolfLogix provides the User with a golf community website that includes score tracking,
stat tracking and other social media services. Users must provide (1) all equipment
necessary for their own Internet connection, including computer and modem, (2) provide
cell phone service including data services and (3) pay any fees relate with such
connections and services to the individual carriers.
Some GolfLogix applications provide a mobile application for free. Please be aware
that a User’s normal carrier's rates and fees, such as text messaging fees, will
apply. The user is responsible for any additional charges that may be incurred through
the User’s carrier.
In the event you change or deactivate your mobile service, Users are responsible
for updating or canceling all account information on the GolfLogix website within
14 days to ensure proper communication and billing.
2. Disclaimer of Warranties
The site is provided by GolfLogix on an ‘as is’ and on an ‘as available’ basis.
To the fullest extent permitted by applicable law, GolfLogix makes no representations
or warranties of any kind, express or implied, regarding the use or the results
of this website in terms of its correctness, accuracy, reliability, or otherwise.
GolfLogix shall have no liability for any interruptions in the use of this website.
GolfLogix disclaims all warranties with regard to the information provided, including
the implied warranties of merchantability and fitness for a particular purpose,
and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties;
therefore the above-referenced exclusion is inapplicable.
GolfLogix does not warrant that the website will operate error-free or that this
website and its server are free of computer viruses and other harmful goods. If
your use of the website or the material results in the need for servicing or replacing
equipment or data, GolfLogix is not responsible for those costs.
3. Limitation of Liability
GOLFLOGIX SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR GOLFLOGIX
SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES,
OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR
RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES
ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE,
EVEN IF GOLFLOGIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
4. Indemnification
Users agree to indemnify and hold GolfLogix, its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim or demand, including reasonable
attorneys’ fees and costs, made by any third party due to or arising out of User’s
use of the Service, the violation of this Agreement, or infringement by a User,
or other User of the Service using a GolfLogix membership privilege, of any intellectual
property or any other right of any person or entity.
5. Rules & Responsibilities
Users agree to not use the Service to: (i) upload, post, email or otherwise transmit
any content that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii)
impersonate any person or entity, including, but not limited to, a GolfLogix official,
forum leader, guide or host, or falsely state or otherwise misrepresent User’s affiliation
with a person or entity; (iv) forge headers or otherwise manipulate identifiers
in order to disguise the origin of any content transmitted through the Service;
(v) upload, post, email or otherwise transmit any content that User does not have
a right to transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure agreements);
(vi) upload, post, email or otherwise transmit any content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights ("Rights") of any
party; (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those areas (such as a marketplace
or classifieds) that are designated for promotional purpose; (viii) upload, post,
email or otherwise transmit any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment; (ix) disrupt
the normal flow of dialogue or otherwise act in a manner that negatively affects
other users' ability to engage in real time exchanges; or (x) interfere with or
disrupt the Service or servers or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations of networks connected to the
Service.
GolfLogix shall have the right, but not the obligation, to monitor the content of
the GolfLogix website, including chat rooms and forums, to determine compliance
with this Agreement and any operating rules established by GolfLogix and to satisfy
any law, regulation or authorized government request. GolfLogix shall have the right
in its sole discretion to edit, refuse to post or remove any material submitted
to or posted on the GolfLogix website.
6. Modifications and Interruption to Service
GolfLogix reserves the right to modify or discontinue the Service with or without
notice to a User. GolfLogix shall not be liable to a User or any third party should
GolfLogix exercise its right to modify or discontinue the Service at any time. Member
acknowledges and accepts that GolfLogix does not guarantee continuous, uninterrupted
or secure access to our website and operation of our website may be interfered with
or adversely affected by numerous factors or circumstances outside of our control.
7. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and
operated by online merchants and other third parties. Users acknowledge that GolfLogix
is not responsible for the availability of, or the content located on or through,
any third-party site. Users should contact the site administrator or webmaster for
those third-party sites if Users have any concerns regarding such links or the content
located on such sites. Use of third-party sites is subject to the terms of use and
privacy policies of each site, and we are not responsible therein. GolfLogix encourages
all Users to review terms of use and privacy policies of third-parties sites.
Any dealings with advertisers found on the GolfLogix site are solely between the
User and that advertiser. GolfLogix shall not be responsible for, or liable for,
any losses or damages that occur in any dealing Users may have with any advertisers
on the website. Users agree to assume the sole risk in dealing with any of said
advertisers.
8. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors
or collected from publicly available sources. While GolfLogix makes every effort
to ensure that the information on this website is accurate, we make no representations
or warranties as to the accuracy or reliability of any information provided on this
website. Any reliance on representations and warranties provided by any Vendor shall
be at a User’s own risk.
9. Governing Jurisdiction of the Courts of Arizona
Our website is operated and provided in the State of Arizona. As such, we are subject
to the laws of the State Arizona, and such laws will govern this Terms of Use, without
giving effect to any choice of law rules. We make no representation that our website
or other services are appropriate, legal or available for use in other locations.
Accordingly, if you choose to access our site you agree to do so subject to the
internal laws of the State Arizona.
10. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with
any such laws. User may not use the Service in any way that violates applicable
state, federal, or international laws, regulations or other government requirements.
User further agrees not to transmit any material that encourages conduct that could
constitute a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national, or international law or regulation.
11. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is the property of GolfLogix
and/or third parties protected by intellectual property rights. Any use of materials
on the website, including reproduction for purposes other than those noted above,
modification, distribution, or replication, any form of data extraction or data
mining, or other commercial exploitation of any kind, without prior written permission
of an authorized officer of GolfLogix is strictly prohibited. Users agree that they
will not use any robot, spider, or other automatic device, or manual process to
monitor or copy GolfLogix web pages or the content contained therein without prior
written permission of an authorized officer of GolfLogix.
GolfLogix is a registered trademark of GolfLogix, Inc. GolfLogix’ trademarks may
not be used in connection with any product or service that is not provided by GolfLogix,
nor is it to be used in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits GolfLogix.
All other trademarks displayed on GolfLogix’ website are the trademarks of their
respective owners, and constitute neither an endorsement nor a recommendation of
those Vendors. In addition, such use of trademarks or links to the websites of Vendors
is not intended to imply, directly or indirectly, that those Vendors endorse or
have any affiliation with GolfLogix.
12. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable provision) shall
not be affected thereby and shall remain valid and enforceable to the maximum possible
extent. You agree that this Terms of Use Agreement and any other agreements referenced
herein may be assigned by GolfLogix, in our sole discretion, to a third party in
the event of a merger or acquisition. This Terms of Use Agreement shall apply in
addition to, and shall not be superseded by, any other written agreement between
us in relation to your participation as a User. User agrees that by accepting this
Terms of Use Agreement, User is consenting to the use and disclosure of their personally
identifiable information and other practices described in our Privacy Policy Statement.
