TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using Golfstatscoach because by using the Site you accept and agree to be bound and abide by these Terms of Service.
Should you disagree with some of the provisions herein, you can either leave the Site (although we'll be sad to see you go!) or contact us at email@example.com . Please keep in mind that this document is a legally binding agreement between you as the user of the Service (referred to as “you”, “your” or “User” hereinafter) and the Company.
Terms of Service for Golfstatscoach
1. Application and Acceptance of the Terms
2. You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with Us, or (b) you are not permitted to receive any Service under the laws of the state of Delware, the United States of America, and/or any other jurisdictions whose laws may apply to your use of the Service.
3. You acknowledge and agree that We may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Service or the Site, you agree that the amended Terms will apply to you.
4. If Golfstatscoach has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Service or the Site.
5. You may be required to enter into a separate agreement, whether online or offline, with Golfstatscoach or our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned. Specifically, if you or your clients are in the European Economic Area or Switzerland, you are required to enter into Golfstatscoach International Data Transfer Agreement, which implements model contractual language promulgated by the European Commission and designed to, among other things, protect the data privacy rights of European citizens.
6. The Terms may not otherwise be modified except in writing by an authorized officer of Golfstatscoach.
2. Provision of Service
1. You must register as a member on the Site in order to access and use some Service. Further, Golfstatscoach reserves the right, without prior notice, to restrict access to or use of certain Service (or any features within the Service) to paying Users or subject to other conditions that Golfstatscoach may impose in our discretion.
2. Service (or any features within the Service) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Golfstatscoach may in our sole discretion limit, deny or create different level of access to and use of any Service (or any features within the Service) with respect to different Users.
3. Golfstatscoach may launch, change, upgrade, impose conditions to, suspend, or stop any Service (or any features within the Service) without prior notice except that in case of a fee-based Service, Users shall be notified no less than fourteen (14) days prior to any change in such Service.
4. Some Service may be provided by Golfstatscoach’s affiliates on behalf of Golfstatscoach.
3. Users Generally
1. As a condition of your access to and use of the Site or Service, you agree that you will comply with all applicable laws and regulations when using the Site or Service.
2. You agree to use the Site or Service solely for your own private and internal purposes as a licensee of the Site and Service. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited. In addition, you agree that
2.1. you will not copy, reproduce, download, re-publish, sell, distribute or resell any Service or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc., available on or through the Site (the “Site Content”);
2.2. you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Golfstatscoach or otherwise commercially exploit the Site Content; and
2.3. you will not engage in any systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Golfstatscoach is prohibited.
4. Golfstatscoach may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' website. You should read such websites’ terms and conditions and/or privacy policies before using the Site. You acknowledge that Golfstatscoach has no control over such third parties' websites, does not monitor such websites, and shall not be responsible or liable to anyone for such websites, or any content, products or services made available on such websites.
5. You agree not to undertake any action to undermine the integrity of the computer systems or networks of Golfstatscoach and/or any other User nor to gain unauthorized access to such computer systems or networks.
6. You agree not to undertake any action which may undermine the integrity of Golfstatscoach’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
7. You agree not to post any libelous, tortious, infringing, or otherwise illegal content, information, or material on the Site or through the Service. You further agree that posting such content, information, or material may cause irreparable harm to Golfstatscoach or other Users of the Site, and you shall indemnify Golfstatscoach its affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) resulting therefrom
4. Member Accounts
1. A User who registers on the Site may also be referred to as a “Member” herein. Upon registration, Golfstatscoach shall assign an account and issue a member ID and password (the latter shall be chosen by a Member during registration) to each Member.
2. A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of such Member’s Member ID and password and for all activities that occur under such Member’s account. No Member may share, assign, or permit the use of his or her Member account, ID or password by another person outside of the Member’s own business entity. Each Member agrees to notify Golfstatscoach immediately if such Member becomes aware of any unauthorized use of his or her password, her or his account, or any other breach of security of such Member’s account.
3. Member agrees that all activities that occur under such Member’s account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
4. Member acknowledges that sharing of Member’s account with other persons, or allowing multiple users outside of Member’s business entity to use Member’s account (collectively, "multiple use"), may cause irreparable harm to Golfstatscoach or other Users of the Site. Member shall indemnify Golfstatscoach our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of Member’s account. Member also agrees that in case of the multiple use of Member’s account or Member’s failure to maintain the security of Member’s account, Golfstatscoach shall not be liable for any loss or damages arising therefrom and shall have the right to suspend or terminate Member’s account without liability to Member.
5. Member’s Responsibilities
1. Each Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) you use the Site and Service for business purposes only; and (c) the address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
2. Member will be required to provide information or material about your entity, business or products/services as part of the registration process on the Site or your use of any Service or the member account. Each Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
4. Each Member represents, warrants and agrees that Member shall:
4.1. carry on Member’s activities on the Site in compliance with any applicable laws and regulations;
4.2. conduct Member’s business transactions with other users of the Site in good faith;
4.3. carry on Member’s activities in accordance with the Terms and any applicable Additional Agreements;
4.4. not use the Service or Site to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
4.5. not impersonate any person or entity, misrepresent Member or Member’s affiliation with any person or entity;
4.6. not engage in spamming or phishing;
4.7. not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
4.8. not involve attempts to copy, reproduce, exploit or expropriate Golfstatscoach’s various proprietary directories, databases and listings;
4.9. not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
4.10. not involve any scheme to undermine the integrity of the data, systems or networks used by Golfstatscoach and/or any user of the Site or gain unauthorized access to such data, systems or networks;
4.11. not engage in any activities that would otherwise create any liability for Golfstatscoach.
4.12. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, any other person, animal, or property; (ii) seeks to or is reasonably anticipated to harm or exploit children (such as by exposing them to inappropriate content or asking for personally identifiable information); (iii) contains any information or content that we deem to be unlawful (including, without limitation, disclosure of insider information under securities law), tortious (including, without limitation, disclosure of trade secrets or confidential information of others), harmful, abusive, offensive, defamatory, infringing, invasive of personal privacy or publicity rights, abusive, harassing, humiliating, libelous, threatening, profane, or discriminatory (based on gender, religion, race, nationality, disability sexual orientation, or age); (iv) contains any information or content that you do not have a right to make available; (v) contains any information or content that you know is not correct and current (vi) contains any information or content that violates any team, league, or other applicable policy; or (viii) contains information or content that violates third-party Intellectual Property Rights or privacy rights
5. Member may not use the Service and member account to engage in activities which are identical or similar to Golfstatscoach’s golf stats and golf coaching business. This does not include virtual assistant services and similar services that use Golfstatscoach to manage golf stats for their own clients.
6. Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Golfstatscoach’s provision of the Service, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, Golfstatscoach shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
7. Member acknowledges and agrees that Golfstatscoach shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Service or Site. Golfstatscoach does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information
8. Member acknowledges and agrees that the Service may only be used by businesses and their representatives for business use and not for individual consumers or for non-business use.
9. Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Service are in compliance with the same.
6. Breaches by Members
1. Golfstatscoach reserves the right in our sole discretion to remove, modify or reject any information, content or material on the Site you post or display (when posted or displayed by a User, “User Content”). User Content that you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms, could subject Golfstatscoach or our affiliates to liability, or is otherwise found inappropriate in Golfstatscoach’s opinion.
2. If any Member breaches any Terms or if Golfstatscoach has reasonable grounds to believe that any Member is in breach of any the Terms, Golfstatscoach shall have the right to impose a penalty against the Member, or suspend or terminate the Member’s account or subscription of any Service without any liability to the Member. Golfstatscoach shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by Golfstatscoach, . The penalties that Golfstatscoach may impose include, among others, warning, removing any product listing or other User Content that the Member has submitted, posted or displayed, imposing restrictions on the number of product listings that the Member may post or display, or imposing restrictions on the Member’s use of any features or functions of any Service for such period as Golfstatscoach may consider appropriate in our sole discretion.
3. Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
3.1. upon complaint or claim from any third party, if Golfstatscoach has reasonable grounds to believe that such Member has willfully or materially failed to perform your contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party,
3.2. Golfstatscoach has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party,
3.3. Golfstatscoach has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or
3.4. Golfstatscoach believes that the Member’s actions may cause financial loss or legal liability to Golfstatscoach or our affiliates or any other Users.
3.6. If a Member is in breach of the Terms, Golfstatscoach also reserves the right to publish the records of such breach on the Site. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, Golfstatscoach also reserves the right to disclose the records of such breach to our affiliates. Such Golfstatscoach affiliates may impose limitation on, suspend or terminate the Member’s use of all or part of the services provided by such affiliates to the Member, take other remedial actions, and publish the records about the Member’s breach of the Terms on the websites operated by or controlled by such Golfstatscoach affiliates.
3.7. Golfstatscoach may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Site without being liable to the Member if Golfstatscoach has received notice that the Member is in breach of any agreement or undertaking with any affiliate of Golfstatscoach and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. Golfstatscoach shall have the right to publish the records of such breach on the Site. Golfstatscoach shall not be required to investigate such breach or request confirmation from the Member.
3.8. We may reject, refuse to post, take down or delete any User Content for any or no reason, including, but not limited to User Content that in our sole judgment violates this Agreement or another person’s Intellectual Property Rights or rights to privacy. We reserve the right to disclose your identity or other information about you to any third party who claims that User Content that you post violates their rights, including their Intellectual Property Rights or rights to privacy. We also reserve the right to limit User Content in our sole discretion, based upon the amount of storage capacity available or allocated for User Content.
3.9. We have the right to cooperate fully with any law enforcement authorities, subpoena, administrative proceeding, inquiry of regulatory agency, court order or other legal proceeding (collectively, a “Proceeding”) requesting or directing us to disclose User Content and the identity or other information of anyone posting any materials on or through the Website or Application or using the Service. We reserve the right to take all appropriate legal action, including referral to law enforcement agencies, for any violation of this Agreement or conduct we deem could be illegal or the subject of any such Proceeding. You acknowledge and agree that we have these rights, do not have an expectation of privacy regarding these rights and waive any claims against and hold us harmless from any claims resulting from any action taken by us in the exercise of those rights.
3.10. Each Member agrees to indemnify Golfstatscoach our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from such Member’s submission, posting or display of any User Content, from Member’s use of the Site or Service, or from Member’s breach of the Terms.
3.11. Each Member further agrees that Golfstatscoach is not responsible, and shall have no liability to such Member or anyone else, including Member’s fans, parents or couches, for any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. Golfstatscoach reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Golfstatscoach in asserting any available defenses.
3.12. We have the right to cooperate fully with any law enforcement authorities, subpoena, administrative proceeding, inquiry of regulatory agency, court order or other legal proceeding (collectively, a “Proceeding”) requesting or directing us to disclose User Content and the identity or other information of anyone posting any materials on or through the Website or Application or using the Service. We reserve the right to take all appropriate legal action, including referral to law enforcement agencies, for any violation of this Agreement or conduct we deem could be illegal or the subject of any such Proceeding. You acknowledge and agree that we have these rights, do not have an expectation of privacy regarding these rights and waive any claims against and hold us harmless from any claims resulting from any action taken by us in the exercise of those rights.
7. Transactions Made Through The Site
1. Golfstatscoach provides electronic web-based platforms for exchanging information between buyers and sellers of products and services, including an “Golfstatscoach Certified Expert (GCE)” marketplace to facilitate the purchase and sale of services related to the Service (including services regarding account setup, configuration, business processes, ongoing business and technical support, and integration of the Service with third-party products and services) offered by Users designated as an Golfstatscoach Certified Expert (GCE). Golfstatscoach additionally provides electronic web-based transaction platforms for Members to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Site. However, for any Service, Golfstatscoach does not represent either the seller or the buyer in specific transactions. Golfstatscoach does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
2. Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. Golfstatscoach uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying membership service on the Site. However, because user verification on the Internet is difficult, Golfstatscoach cannot and does not confirm each User's purported identity (including, without limitation, paying Members). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
3. Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Site or Service, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate any rights of third parties, and the risk that User may incur costs of defense or other costs in connection with third parties’ assertion of rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third parties. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks". Each User agrees that Golfstatscoach shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
4. Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site or Service, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
5. User agrees to provide all information and materials as may be reasonably required by Golfstatscoach in connection with such User’s transactions conducted on, through or as a result of use of the Site or Service. Golfstatscoach has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials.
6. In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Golfstatscoach (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
7.1. Merchant-initiated Transaction (MIT):
MIT: In the event when payment credentials are not provided by the cardholder, instead are fetched from the merchant’s system all MITs are considered Stored credential transactions and must include the identifiers defined by the Stored Credential mandate.
Golfstatscoach will initiate transactions without the active participation of the cardholder to:
ï Perform a transaction as a follow-up to a cardholder-initiated transaction (CIT)
ï Perform a pre-agreed standing instruction from the cardholder for the provision of goods or services
7.2. What are Stored Credentials?
7.3. The Requirements for Stored Credential Transactions
When storing payment credentials for the first time, the merchant must establish an agreement with the cardholder that contains all of the following:
A truncated version of the stored credential (for example, the last four digits of a credit card)
The method by which the cardholder will receive notice of any changes to the payment agreement
How the stored credential will be used
The expiration date of the agreement, if applicable
The transaction amount, including all taxes, fees, and other included charges. If the exact amount is unavailable at the time the agreement is made, the agreement must contain an explanation of how the transaction amount will be calculated.
7.4. Consent of Cardholder
Golfstatscoach requires that you must comply with this mandate. By agreeing to these terms, you are opting to confrim your consent to allow Golfstatscoach to initate Merchant-initiated transactions on your behalf and store such credentials as required for the MIT function. Golfstatscoach will be making use of both one-time payments as well as recurring MIT transactions.
8. Limitation of Liability
1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY GOLFSTATSCOACH ON OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND GOLFSTATSCOACHHEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOLFSTATSCOACH MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE; GOLFSTATSCOACH DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND GOLFSTATSCOACHMAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
3. Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to Golfstatscoach’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Golfstatscoach or through or from the Site shall create any warranty not expressly stated herein.
4. The Site may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Golfstatscoach and our affiliates be held liable for any such services or products.
5. Each User hereby agrees to indemnify and hold Golfstatscoach our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site or Service (including but not limited to the display of such User's information on the Site) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and hold Golfstatscoach our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Golfstatscoach luding but not limited to those set forth in Section 5 hereunder.
6. Each User hereby further agrees to indemnify and hold Golfstatscoach our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by third parties relating to products offered or displayed on the Site. Each User hereby further agrees that Golfstatscoach is not responsible and shall have no liability, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Golfstatscoach reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Golfstatscoach in asserting any available defenses.
7. Golfstatscoach shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
7.1. the use or the inability to use the Site or Service, including loss of data or downtime;
7.2. any malfunction on the Site or with the Service, including failure to deliver notifications to Users and Members;
7.3. any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site;
7.4. violation of rights of third parties or claims or demands that User's manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate the rights of any third parties; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third parties;
7.5. unauthorized access by third parties to data or private information of any User;
7.6. statements or conduct of any User of the Site, including misleading, malicious, or criminal use of the Service by a User; and
7.7. any matters relating to Service however arising, including negligence.
7.8. Notwithstanding any of the foregoing provisions, the aggregate liability of Golfstatscoach our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Service during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to Golfstatscoach or our affiliates during the calendar year and (b) US$100.00. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Service must be filed within one (1) year from the date the cause of action arose.
7.10. The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Golfstatscoach has been advised of or should have been aware of the possibility of any such losses arising.
9. Force Majeure
Under no circumstances shall Golfstatscoach be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
10. Intellectual Property Rights
1. The Site and its original content, features and functionality (including look!), are owned by Golfstatscoach and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the Site itself. If you have doubts about whether and how to use of material on the Site, please address your concerns to: firstname.lastname@example.org
2. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Site. For the purposes of these Terms of Service, “Content” also includes all User Content.
3. Each Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); and (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights.
4. Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
4.1. be true, accurate, complete and lawful;
not be false, misleading or deceptive;
4.2. not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
4.3. not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
4.4. not violate other Terms or any applicable Additional Agreements
4.5. not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
4.6. not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
4.7. not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service;
4.8. not promote any illegal activity, or advocate, promote or assist any unlawful act;
4.9. not contain any link directly or indirectly to any other web Site which includes any content that may violate the Terms.
5. All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Site is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Site is or will continue to be accurate.
6. You hereby grant Golfstatscoach a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit any User Content you post, display or provide to Golfstatscoach or our representative(s) in connection with the Site and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site a non-exclusive, perpetual license to access your User Content through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
7. We do not guarantee that any Content will be made available on the Site. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Site.
8. You are permitted to use the Site for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking the Site in any manner, or violating the Content Standards set below. No right, title or interest in or to the Site or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Site not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.
9. Golfstatscoach may have independent third parties involved in the provision of the Service (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
1. All legal notices or demands to or upon Golfstatscoach shall be made in writing and sent to Golfstatscoach by courier, certified mail, or facsimile to the following address: The notices to the state of Delaware is 2035 Sunset Lake Road, Suite B-2, in the city of Newark, zip code 19702 and county of New Castle and will be effective when they are received by Golfstatscoach in any of the above-mentioned manner.
2. All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Golfstatscoach or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when: (a) Golfstatscoach is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or (b) immediately upon Golfstatscoach posting such notice on an area of the Site that is publicly accessible without charge.
3. You agree that all agreements, notices, demands, disclosures and other communications that Golfstatscoach sends to you electronically satisfy the legal requirement that such communication should be in writing.
12. Specific Copyright Infringement Notices
1. We do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
2. If you believe that any User Content violates your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written takedown notice including the following information:
2.1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2.2. 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.
2.3. 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 us to locate the material.
2.4. Information reasonably sufficient for us to contact you, such as email, address, telephone number.
2.5. A statement that you a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
2.6. A statement that the information in the notification is accurate, and under penalty of perjury, that you is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2.7. The notice should be addressed via Certified Mail to the state of Delaware is 2035 Sunset Lake Road, Suite B-2, in the city of Newark, zip code 19702 and county of New Castle.
13. Dispute Resolution and Arbitration Agreement
1. This Dispute Resolution and Arbitration Agreement shall apply if your (i) Country of Residence is in the United States; or (ii) your Country of Residence is not in the United States, but you bring any claim against Golfstatscoachin the United States.
2. Overview of Dispute Resolution Process. Golfstatscoach is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 13.1 applies: (1) an informal negotiation directly with Golfstatscoach customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 13 and except as provided in Section 13.6). Specifically, the Consumer Arbitration Rules provide:
2.1. Claims can be filed with AAA online (www.adr.org);
2.2. Arbitrators must be neutral and no party may unilaterally select an arbitrator;
2.3. Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
2.4. Parties retain the right to seek relief in small claims court for certain claims, at their option;
2.5. The initial filing fee for the consumer is capped at $200;
2.6. The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
2.7. The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
3. Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Golfstatscoach each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Golfstatscoach customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
4. Agreement to Arbitrate. You and Golfstatscoach mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Service or Site (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Golfstatscoach agree that the arbitrator will decide that issue.
5. Exceptions to Arbitration Agreement. You and Golfstatscoach each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
6. Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
7. Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Golfstatscoach agrees that any required arbitration hearing may be conducted, at your option: (a) in the State of Delware; (b) via video conference if available facilities are adequate for conducting an arbitration; or (c) in any other location to which you and Golfstatscoach both agree.
8. Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
9. Jury Trial Waiver. You and Golfstatscoach acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
10. No Class Actions or Representative Proceedings. You and Golfstatscoach acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Golfstatscoach both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
11. Severability as to Arbitration Agreement. Except as provided in Section 13.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
12. Survival. To the extent allowed by law, this Section 13 will survive any termination of these Terms and will continue to apply even if you stop using the Golfstatscoach’s Service or Site.
14. General Provisions
1. Golfstatscoach and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
2. The Terms of Service constitutes the entire agreement between you and Golfstatscoach and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
3. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
4. Golfstatscoach’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Golfstatscoach’s right to act with respect to subsequent or similar breaches.
5. Golfstatscoach shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Golfstatscoach, ). You may not assign, in whole or part, the Terms to any person or entity.
6. The Terms shall be governed by the laws of the State of Delware and the United States of America without regard to its conflict of law provisions. The parties to the Terms hereby submit to the exclusive jurisdiction of the federal and state courts of the State of Delware