Welcome to BEGINNERGOLFGUIDE.NET. These terms
and conditions of use (“Terms” or “Agreement”) are a binding contract between
BEGINNERSGOLFGUIDE.NET, IT’S OWNER(S), AND EMPLOYEES (“We”, “Us”, or “Our”) and
you (“You”). You must agree to these Terms before using the Website (the
“Site”). By using the Site, you agree to be bound by these Terms as well as the Privacy Policy and Disclaimer on the Site. If you do not agree to all these terms,
you are not authorized to use the Site. WE provide the information and services
on the Site to you conditioned upon your acceptance, without modification, of
the terms.
The information available on the Site, including, without
limitation, reviews, opinions, directions, guides, graphics, photographs,
logos, audio or video clips, and data (collectively “Content”) may contain
information relating to a hazardous activity. Beginnersgolfguide.net does not certify or endorse the
Content on the Site, including without limitation, any opinion, recommendation,
advice, or any other information contained in the Content.
Beginnersgolfguide.net is not responsible for
harm to persons or property that results from your use of the Site, including
without limitation, use of any content on the Site.
By using the Site you agree to the following:
1.
Agreement to Deal Electronically;
Electronic Communications and Notices.
All of your transactions with or
through the Site may, at our option, be conducted electronically from start to
finish. If we decide to proceed non-electronically, those services will still
be governed by the remainder of these Terms unless you enter into different
terms on a form provided by us. If the law allows you to withdraw this consent
or if we are ever required to deal with you non-electronically, we reserve the
right to charge or increase fees and you agree to print or make an electronic
copy of the Terms and any other contract or disclosure that we are required to
provide to you.
Except as otherwise provided in these
Terms, we will give you any notices regarding the Site by posting them on the
Site. You also authorize Beginnersgolfguide.net to send notices (including
notice of subpoenas or other legal process, if any) via electronic mail. You
must check the Site for notices, and you will be considered to have received a
notice when it is posted on the Site, or when sent by us via electronic mail,
whether or not received by you. You must keep your address current and any
notice sent by us to an email address that you have provided to us will be
considered effective notice.
2.
Privacy.
Our Privacy Policy is a part of this
Agreement and its terms are incorporated by this reference. Please read it now
(by clicking on Privacy Policy at the bottom of any page).
The policy explains how certain information about you may be used. You
acknowledge and agree that Beginnersgolfguide.net may collect, use, exchange,
and store information about you and your orders in accordance with our Privacy Policy.
3.
Unauthorized Use of Your Password.
All instructions transmitted by or
received from anyone presenting your password on the Site are binding to you.
You agree that you are solely responsible for all transactions or acts that are
validated through use of your password, whether or not made with your knowledge
or authority. You agree to guard your password carefully, with the full
awareness that a failure to keep it secure will enable others to engage in
transactions through the Site for which you will be legally responsible. If you
ever suspect that someone may have obtained access to your password who is not
intended to have authority to act on your behalf, please contact Beginnersgolfguide.net
immediately. You authorize Beginnersgolfguide.net to refuse to accept any
further orders placed under that password on your behalf—and Beginnersgolfguide.net
will use commercially reasonable efforts to block such orders.
4.
Changes to the Agreement.
This Site is like a store: every time
a customer enters a store the customer is bound by the rules in effect on the
date of the customer's visit. Similarly, at the Site, you are bound by the
version of this Agreement that is in effect on the date of your visit or order.
The terms of this Agreement may change from time to time so please review them
when you visit the Site. We will post a notice on the home page of the Site for
thirty (30) days if we change the terms of this Agreement and your use of the
Site after the effective date of any change will constitute your consent to the
amended Agreement. For your convenience, a link to the current Terms of Use
appears at the bottom of every page of the Site.
5.
License to Use the Site; Free Trial
Period; Subscription and Renewal; Termination or Cancellation.
License: We hereby grant you the
limited, revocable, non-transferable, non-sublicenseable license, under the
rights Beginnersgolfguide.net has in the Content, to view and use the Site
solely for the purpose of acquiring information in accordance with the
Agreement. As between you and Beginnersgolfguide.net, we retain all right,
title, and interest in and to the Site. Except as provided in this Agreement,
permission to reprint or electronically reproduce any content in whole or in
part for any other purpose is expressly prohibited. The Site and all content
contained therein is protected by copyright and intellectual property rights
under both United States and foreign laws and all rights not expressly granted
are reserved by Beginnersgolfguide.net, its affiliates, and its partners.
Subject to applicable law, Beginnersgolfguide.net reserves the right to suspend
or deny, in its sole discretion, your access to all or any portion of the Site
with or without notice.
The license in this Section does not
include permission to copy the design elements, “look and feel” or layout of
the Site. Those elements are protected by law, such as trade dress, trademark,
unfair competition, and other laws, and may not be copied or imitated in any
manner. Except as expressly provided in this Agreement, neither Beginnersgolfguide.net
nor any third party has conferred upon you by implication or otherwise, any
license or right under any patent, copyright, trademark, trade secret or any
other proprietary right.
Termination: We may, at any time and
without notice to you, terminate your access to the Site or block your access
to the Site if:
o
We believe in our sole discretion
that you have violated these Terms or have otherwise engaged in any activities
that may harm or damage the reputation, rights, person, or property of the
Site, our users, or any other person;
o
Requested by law enforcement or other
government agencies; or
o
Your account has extended periods of
inactivity.
If applicable law requires us to
provide notice of termination or cancellation, we may give prior or subsequent
notice by posting in on the Site or by sending a communication to any address
(email or physical) that we have for you in our records. Upon termination of
your account, your agreement with us under these Terms will also terminate,
except that the following provisions survive the termination: “Your Representations
and Warranties”, “Indemnity”, “Disclaimers of Warranties”, “Exclusive Remedy;
Damage Exclusions & Limitations”, “Miscellaneous; Entire Agreement”, and
the Privacy Policy.
6.
Submission of Comments; Prohibited
Content and Conduct.
Any comments or information that you
provide to Beginnersgolfguide.net, for example, feedback or ideas in response
to a customer survey regarding the Site, product or content reviews,
suggestions, ideas, concepts, or other information are collectively deemed “Submissions”.
None of the Submissions will be subject to any obligation of confidence on the
part of Beginnersgolfguide.net, and Beginnersgolfguide.net will not be liable
for any use or disclosure (including publication in any medium) of any
Submissions. You hereby grant Beginnersgolfguide.net a royalty-free, perpetual,
irrevocable, world-wide license to use, copy, reproduce, create derivative
works from, adapt, modify, publish, edit, translate, sell, distribute,
transmit, transfer, publicly display, publicly perform, and display the
Submissions without any limitation and in any media or any form now known or
later developed. Without limiting the foregoing, Beginnersgolfguide.net will be
entitled to unrestricted use of the Submissions for any purpose, commercial or
otherwise, without compensation to the provider of the Submissions. Further, Beginnersgolfguide.net
may sublicense these rights to third parties.
Under no circumstance is Beginnersgolfguide.net
responsible for any Submission to the Site or for the content of that
Submission, nor shall Beginnersgolfguide.net be held liable for any of the
claims made therein. We are not responsible for the content or accuracy of any
of these Submissions, and the views and opinions they express are solely those
of the original contributor.
Advertising on Beginnersgolfguide.net:
If you are retailing other
golf-related products or services and wish to advertise those products or
services elsewhere on our Site, please email your request to
info@beginnersgolfguide.net.
All
other Submissions or user-generated content or posts to the Site, whether
through the forums, reviews, or any method or on any other page of the Site
must be free of advertising or spamming. We reserve the right to edit or remove
any Submissions that violate these policies, or to terminate your membership or
right to access the Site for such violations.
IF YOU SEND UNSOLICITED COMMERCIAL
EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY,
“UNSOLICITED EMAIL OR OTHER COMMUNICATION”) THROUGH THE SITE, YOU ACKNOWLEDGE
THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO THE SITE, BUT THAT THE AMOUNT OF
THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION
OF SUCH HARM, YOU WILL PAY US $40 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER
COMMUNICATION.
7.
Copyright Infringement Notification
& Other Reports.
Beginnersgolfguide.net
relies on users of the Site to bring copyright violations to our attention.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to our Designated Agent. If you
are aware of infringing materials on the Site, please notify Beginnersgolfguide.net
agent:
Beginnersgolfguide.net
To be effective, the Notification
must include the following:
o
A physical or electronic signature of
a person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
o
Identification of the copyrighted
work claimed to have been infringed, or if multiple copyrighted works at a
single online Site are covered by a single notification, a representative list
of such works at that Site;
o
Identification of the material that
is claimed to be infringing or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit Beginnersgolfguide.net to locate the material;
o
Information reasonably sufficient to
permit Beginnersgolfguide.net to contact you, such as an address, telephone
number, and if available, an electronic mail address at which the you may be
contacted;
o
A statement that you have a good
faith belief that use of the material in the manner complained about is not
authorized by the copyright owner, its agent, or the law; and a statement that
the information in the notification is accurate, and under penalty of perjury,
that you are authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
All inquiries not in
compliance with the above notice and procedure for making claims of copyright
infringement will receive no response.
Questions and comments about the Site
(other than claims of copyright infringement) should be directed to our Contact Information page.
8.
Your Representations and Warranties.
You represent and warrant for the
benefit of Beginnersgolfguide.net and Beginnersgolfguide.net's licensors and
suppliers that:
o
you are at least 13 years of age;
o
you possess the legal right and
ability to enter into this Agreement and make the credit card charge on your
own behalf or on behalf of any person for whom you are acting as agent and/or
that you are authorized to use the password required for the Site;
o
all information that you submit to us
is true, accurate, and current and that you own all rights in your Submissions
or, alternatively, you have sufficient rights in your Submissions to grant us
the rights described in these Terms;
o
you will pay all license fees,
clearance fees, and other financial obligations of any kind, arising from any
use of your Submissions;
o
your Submissions are not defamatory,
do not infringe the intellectual property rights, privacy, rights to publicity
or any other legal or moral rights of any third party;
o
you will keep your registration
information current;
o
you will be responsible for all use
of your password even if such use was conducted without your authority or
permission; and
o
you will not use the Site for any purpose
that is unlawful or prohibited by this Agreement.
9.
Promotions.
No promotion is offered by Beginnersgolfguide.net
unless the promotion explicitly so states. You agree that offers from other
companies on the Site are solely liable for their promotions and that Beginnersgolfguide.net
is not liable. You also agree to comply with all terms of a promotion. Note:
some promotions will be subject to quantity and other restrictions, including
without limitation, time limits that could expire during your visit to the
Site. Beginnersgolfguide.net reserves the right to withdraw or refuse to honor
any promotion that has been altered or modified—other than by Beginnersgolfguide.net.
10. Indemnity.
You agree to defend, indemnify and
hold harmless Beginnersgolfguide.net and Demand Media, and their subsidiaries,
affiliates, officers, directors, employees, agents, licensors, and suppliers,
from and against all third party claims, actions or demands, liabilities, and
settlements, including, without limitation, reasonable legal and accounting
fees, arising in connection with your use of the Site or resulting from, or
alleged to result from, your use of the Site or your violation of this
Agreement.
11. Governed by
This Agreement is governed by the
laws of the State of
12. Miscellaneous; Entire Agreement.
Assignment
These Terms are personal to you and
you may not transfer, assign or delegate them to anyone without the express
written permission of Beginnersgolfguide.net. Any attempt by you to assign,
transfer or delegate these Terms without the express written permission of Beginnersgolfguide.net
will be null and void. Beginnersgolfguide.net has the right to transfer, assign
and delegate these Terms to one or more third parties without your permission.
13. Entire Agreement
If any part of this Agreement is
determined to be invalid or unenforceable, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision, and the remainder of the
Agreement will continue in effect. The Agreement (including any related
consents or agreements that you provide during your visit to the Site)
constitutes the entire agreement between you and Beginnersgolfguide.net with
respect to the Site and that item and supersedes all other (prior or
contemporaneous) communications and proposals, whether electronic, oral or written,
between you and Beginnersgolfguide.net regarding the Site and/or any order you
place through it.
14. No Waiver
The failure of any party to exercise
or enforce any right or provision of these Terms, including any failure to act
with respect to a breach, will not constitute a waiver of such right or
provision or that party's right to act with respect to subsequent or similar
breaches. We suggest that you print out a copy of these Terms for your records.
15. Further Information.
If you have a complaint, you may
contact us at S. H. Shock beginnergolfguide.net, 279 Earle Bridge Rd. Pickens, SC 29671
16. Legal Notices.
a.
Notice of Availability of Filtering
Software: All users are hereby informed by the provider of this interactive
computer service that parental control protections (such as computer hardware,
software, or filtering services) are commercially available that may assist in
limiting access to material that is harmful to minors. A report detailing some
of those protections can be found at
http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's
Internet Protection Act: Report on the Effectiveness of Internet Protection
Measures and Safety Policies).
b.
Notice Regarding Trademarks: The trademarks
of Beginnergolfguide.net and all other trademarks listed below or used in the
Service are owned or used under license by Beginnersgolfguide.net and its
affiliated organizations. The names of third parties and their products
mentioned may be their trademarks. You may not use any of the above or other
trademarks displayed on the Site or in any Site content. All rights are
reserved.