GOLFstats TERMS OF SERVICE
I. Acceptance of Terms
The services and/or products provided to you by GOLFstats LLC (hereinafter referred to as “we”, “us”, “our” or “GOLFSTATS”) its subsidiaries, agents and affiliates, in conjunction with GOLFstats.com (hereinafter referred to as the “Site” or the “Website”), are subject to the following Terms of Service (hereinafter referred to as the “TOS”). If you do not understand or agree to be bound by (or cannot comply with) any part of the TOS described herein, you must immediately cease using the Site. GOLFSTATS reserves the right to update the TOS at anytime, with or without notice to you. The current version of the TOS can be reviewed by following the URL link at the footer of GOLFSTATS’s web pages.
II. Non-Commercial Use
The materials, products and services provided on web pages owned and/or controlled by GOLFSTATS, including the information and any images incorporated in GOLFSTATS’s website, products and/or services are for your private personal non-commercial use only. You may not, without prior written consent from GOLFSTATS, modify, republish, post, copy, scrape, display, perform, reproduce, license, create derivative works from, sell or transmit anything you obtain or download from the web pages owned and/or controlled by GOLFSTATS.
GOLFSTATS’s website, products and/or services are intended for use and access solely by those individuals that are thirteen (13) years of age and older. By using and/or accessing GOLFSTATS’s website, products and/or services, you represent and warrant that you have the right and capacity to enter into this agreement. Furthermore, you represent and warrant that you will, at all times, abide by all terms and conditions contained within this TOS agreement and any other associated agreement and that:
you are at least thirteen (13) years of age; and
your use of GOLFSTATS’s website, products and/or services does not violate any applicable law.
GOLFSTATS reserves the right, at its sole discretion, to immediately terminate your account if GOLFSTATS believes you are under the age of thirteen (13).
IV. Payment Terms
When confirming a payment or transaction with GOLFSTATS, you agree and hold full responsibility to paying the full amount for that transaction. A part of the payment or transaction may include taxes, shipping costs, or other similar fees.
When conducting a payment through GOLFSTATS, you confirm that you are legally authorized/permitted to use that payment source. If you pay using a debit card and there is an overdraft fee or any other related fee, we are not responsible for that fee.
You agree to authorize GOLFSTATS, using third parties directly or indirectly, to make any inquiries that GOLFSTATS considers necessary at GOLFSTATS’s discretion pertaining to your identity and creditworthiness. GOLFSTATS may terminate your transaction if GOLFSTATS believes that the transaction violates the terms of this Agreement or GOLFSTATS believes that the transaction may result in financial loss. GOLFSTATS may place a delay on a payment for a period of time, limit payment sources for a transaction, limit your ability to make a payment or deactivate your account if GOLFSTATS believes doing so may prevent financial loss. GOLFSTATS may contact your payment source issuer, law enforcement, or impacted third parties and share details of any transactions you have participated in if GOLFSTATS believes doing so may prevent financial loss or a violation of law.
If you believe that an unauthorized, illegal, or otherwise problematic transaction has occurred under your account, you agree to notify GOLFSTATS immediately. To the fullest extent permitted by law, you waive all claims against GOLFSTATS related to payments unless you submit the claim to GOLFSTATS within 30 days after the charge. You are responsible for and agree to reimburse GOLFSTATS for all fees, fines, penalties, costs and other liabilities incurred by GOLFSTATS that were caused or arose out of payments that you authorized. If you enter into a transaction with a third party and have a dispute over the goods or services you purchased GOLFSTATS has no liability for such goods or services. GOLFSTATS has no obligation to intervene in disputes between users, or users and third parties.
A GOLFstats paid subscription provides instant access to the GOLFstats database. Since GOLFstats represents an intangible irrevocable asset, all sales are final. No refunds will be provided to any of the paid subscription plans, including requests for refunds related to unused portions of paid subscriptions. If a user is unsure of the services offered by the GOLFstats paid membership plans, we recommend initially subscribing to a free membership or a 3 month subscription.
VI. Removal of Content
If you believe your work has been copied and posted on or through GOLFSTATS’s website, products and/or services in a way that constitutes copyright infringement or infringement of any other applicable intellectual property law (hereinafter referred to as the “Offending Material”), please send GOLFSTATS’s Copyright Agent a notification of claimed infringement with all of the following information: (i) identification of the Offending Material, or, if multiple Offending Materials are covered by a single notification, a representative list of such works; (ii) identification of the Offending Material and information reasonably sufficient to permit us to locate the Offending Material (e.g., providing URL(s) where the Offending Material may be found); (iii) information sufficient for us to contact you (e.g., address, telephone number and/or an email address); (iv) a statement by you that you have, in good faith, a belief that the Offending Material’s use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the owner, or are authorized agent of owner, of the Offending Material; and (vi) your physical or digital signature.
GOLFSTATS’s Copyright/Trademark Compliance Agent can be reached by sending a letter, via certified mail to:
c/o: Compliance Agent
914 E. Gurley St. Suite 100
Prescott, Az 86301
VII. Online Conduct
By using the Site, you agree that you will be solely and personally responsible for your use of the Site and its Services and that you will indemnify and hold harmless GOLFSTATS, its licensors, affiliates, employees, officers, members, managers, attorneys, advisors, partners, investors, lenders and directors from all claims for liabilities, losses and expenses, including reasonable attorney’s fees, from third parties arising from your conduct. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole and absolute discretion, violates this provision, including, without limitation, reporting such activities to law enforcement authorities or other governmental agencies. In addition, you agree not to engage in any of the following:
You agree not to attempt in any way (or authorize, encourage or support other’s attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with GOLFSTATS or its Services. Additionally, you agree not to interfere with, hack into or decipher any transmissions to or from the servers running the Service. Furthermore, you hereby agree to immediately advise us promptly of any such unauthorized use(s) or attempt(s).
You agree not to provide on the Site or to GOLFSTATS, including employees of GOLFSTATS, your social security number, credit card information unless the disclosure is associated with a valid transaction for the purchase of products or services through the Site.
You agree not to engage in, claim to engage in, promote, or encourage any illegal, fraudulent, or criminal activity including, but not limited to, violating someone’s privacy, hacking, cracking, phishing, creating and distributing computer viruses or counterfeit software.
You agree not to improperly use customer support resources to make false reports to GOLFSTATS.
You agree not to modify, reproduce, distribute or remove or create any derivative works of GOLFSTATS or any content displayed therein, or any component thereof including, but not limited to copyright, patent, confidentiality, or other notices, labels or legends on the Site.
You agree not to send unsolicited e-mails or other electronic communications, commercial or otherwise, as an advertisement for Company’s services without first obtaining prior confirmed consent from the recipient of said email.
VIII. Unlawful Use
You agree not to use the website, products and/or services provided by GOLFSTATS for any purpose that is unlawful or prohibited by any state, federal or applicable international law. GOLFSTATS reserves the right to terminate your use of its website, services and/or products and/or prosecute any violations of this policy.
IX. Links and Vendors
GOLFSTATS provides, for your convenience, links to some of its affiliates, other third-party organizations and access to the products and services of third-party merchants and vendors. Unless stated otherwise, these linked sites, products and services are not under control of GOLFSTATS and GOLFSTATS does not warrant, nor is it responsible for the contents of any linked site or the product or services provided by any third-party merchant or vendor. The links do not indicate an endorsement of the linked site by GOLFSTATS. GOLFSTATS DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.
X. Unsolicited Ideas or Suggestions
GOLFSTATS or any of its employees do not accept or consider unsolicited ideas. GOLFSTATS asks that you do not send any artwork, samples, demos or other works. GOLFSTATS wishes to avoid any potential misunderstandings or disputes that may arise if an idea of GOLFSTATS may seem similar to those you submit. If you do submit ideas or materials to GOLFSTATS, GOLFSTATS makes no assurances that your submission will be treated as confidential or proprietary.
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE, WEBSITE AND THE INTERNET IS AT YOUR SOLE RISK. THE WEBSITE AND GOLFSTATS´S PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. GOLFSTATS PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT GOLFSTATS WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
XII. Limitations of Liabilities
THE SITE AND ITS SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITE OR ITS SERVICES WILL BE SAFE OR SECURE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GOLFSTATS OR ITS SERVICES IS TO STOP USING THE SITE AND ITS SERVICES, AND TO TERMINATE YOUR ACCOUNT WHERE APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL GOLFSTATS, ITS LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, ATTORNEYS, ADVISORS, PARTNERS, INVESTORS, LENDERS OR DIRECTORS BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING THE USE, CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE. MOREOVER, IN NO CASE SHALL GOLFSTATS, ITS LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, ATTORNEYS, ADVISORS, PARTNERS, INVESTORS, LENDERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, LOSS, ALTERATION OR DELETION OF DATA (INCLUDING ANY CONTENT), LOSS OF USE OR GOODWILL, OR OTHER INTANGIBLE LOSS) ARISING FROM YOUR USE OF THE SERVICE, WEBSITE, INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR REGISTRATION WITH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT GOLFSTATS OR ANY OF GOLFSTATS’S LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, ATTORNEYS, ADVISORS, PARTNERS, INVESTORS, LENDERS OR DIRECTORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GOLFSTATS’S AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GOLFSTATS´S AND GOLFSTATS’S LICENSORS’, AFFILIATES´, EMPLOYEES’, OFFICERS’, MEMBERS’, MANAGERS’, ATTORNEYS’, ADVISORS’, PARTNERS’, INVESTORS’, LENDERS’ OR DIRECTORS’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. GOLFSTATS DOES NOT ENDORSE, WARRANT OR GUARANTEE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES AND GOLFSTATS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. MOREOVER, YOU RELEASE GOLFSTATS AND GOLFSTATS’S LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, ATTORNEYS, ADVISORS, PARTNERS, INVESTORS, LENDERS, DIRECTORS, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
XIII. No License
Subject to certain limitations regarding the underlying data, the content on the Site (“Materials”), the trademarks, service marks, and logos contained on the Site (“Marks”) are owned by or licensed to GOLFSTATS and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. GOLFSTATS reserves all rights not expressly granted in and to the Site and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all copyright and other proprietary notices contained in and on the materials. You agree that you will not circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Site or the Materials on the Site. You further agree not to access the Site by any means other than through the interface that GOLFSTATS provides, unless otherwise specifically authorized by us in a separate written agreement. You agree not to distribute in any medium any part of the Site or the Content without GOLFSTATS’s prior written authorization, unless GOLFSTATS makes available the means for such distribution through functionality offered by the Site (such as the Embeddable Player). In your use of the Site, you will comply with all applicable laws. GOLFSTATS reserves the right to discontinue any aspect of the Site at any time.
© 2013 GOLFSTATS, All Rights Reserved.
XV. Jurisdiction – Forum Selection
Unless otherwise specified in a written agreement provided by and executed by GOLFSTATS, the laws of Arizona shall govern and control, without reference to its conflicts of law principles, any action concerning the website(s) and Services provided by GOLFSTATS. By using GOLFSTATS’s website service and/or products provided by GOLFSTATS, you are agreeing that any and all disputes arising out of or relating to the TOS will be first negotiated in good faith by the parties, and if such negotiations do not result in a mutually agreeable resolution, either you or GOLFSTATS may bring a claim against the other, provided that such a claim shall be exclusively venued in the state or federal courts located in the State of Arizona. You and GOLFSTATS hereby irrevocably submits to the exclusive jurisdiction of such courts for any such claims, and waives any objections to such courts based on venue or the doctrine of forum non conveniens.
XVI. Successors and Assigns; Third Party Beneficiaries
This TOS is binding upon and will inure to the benefit of you and GOLFSTATS and its respective permitted successors or assigns. Nothing in this TOS, express or implied, is intended to confer upon any other Person any rights or remedies of any nature whatsoever under or by reason of this TOS.
XVII. Disclosures Required by Law and Other Instances
There are other instances in which GOLFSTATS may divulge your personal information, such as when required by law, regulation, or litigation. GOLFSTATS may also disclose your personal information if GOLFSTATS determines that such disclosure should be made for reasons of national security, law enforcement, or other issues of public importance.
In order to improve the services and products of GOLFSTATS’s and GOLFSTATS’s website, GOLFSTATS may utilize “cookies,” “web beacons,” and/or similar devices to track your activities. A cookie is a tiny amount of data that is transferred by a web server to your browser and can only be read by the server that transferred it to you. A cookie functions as your identification and enables GOLFSTATS to record your passwords, purchases, and preferences. A cookie cannot be executed as code or deliver viruses. A web beacon is a small transparent gif image that is embedded in an HTML page or email used to track when the page or email has been viewed. A similar method may be used by which a service and/or product may send data to a server or other remote computing device when a set of user-initiated events occur. This method is similar to a cookie in that it may track your visit and the data can only be read by the server that receives the data.
GOLFSTATS and its affiliates reserve the right to investigate, review and enforce any appropriate terms or policy applicable to a user. GOLFSTATS may make any disclosure reasonable necessary to: i) prevent illegal activity from occurring or continuing to occur on GOLFSTATS’s website, ii) enforce any section or term contained in any of GOLFSTATS’s agreements, iii) comply with any request received from a court or government agency with proper authority to make such a request, d) protect the rights, security, reputation, dignity, and/or property of GOLFSTATS, GOLFSTATS’s affiliates, users and/or the general public.
GOLFSTATS monitors the Site and the Services for content that is or may be in violation of the terms of this Agreement. However, GOLFSTATS does not guarantee that any information contained on the Site is accurate, complete, factual or authenticated.
XXI. Entire Agreement
This TOS sets forth the entire agreement and understanding of you and GOLFSTATS relating to the subject matter hereof and merges all discussions, representations, covenants, promises, discussions, negotiations, and exchanges between you and GOLFSTATS with respect thereto.
XXII. Modification and Waiver
No modification of or amendment to this TOS will be effective unless in writing signed by an authorized representatives of GOLFSTATS. No waiver of any rights is to be charged against GOLFSTATS unless such waiver is in writing signed by an authorized representative of GOLFSTATS.
XXIII. Unenforceable Provisions
If any provision of this TOS is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this TOS will remain in full force and effect, and, if legally permitted, such offending provision shall be replaced with an enforceable provision that as nearly as possible gives effect to GOLFSTATS’s intent.
XXIV. Contact Information
If you wish to contact GOLFSTATS for any reason, please address your inquiries to:
914 E. Gurley St. Suite 100
Prescott, Az 86301