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Last Updated: 09/30/2014
Golf4Community, Inc. (referred to throughout as "us," "we," "our," etc.) is the owner and operator of the www.golf4community.com website, an online golf networking platform for golfers and business organizations. These Terms of Service apply to the www.golf4community.com website, any subdomains thereof, any API integrations or widgets we offer, and any other website or webpages we own or operate that include a link to this statement (together collectively referred to as the "Website"). Any party that accesses, uses, or registers with the Website (such party referred to throughout in the second person " you," "your," etc.) agrees to be contractually bound by these Terms of Service (the "Terms").
Your use of the Website, or any of the services or features accessible therein, constitutes your acceptance of the Terms. If you do not wish to use the Website in accordance with the Terms, then you should immediately discontinue using the Website.
UPDATES TO THE TERMS
1.0 Updates. We may update or change the Terms from time to time. Amendments will only apply prospectively. A given amendment will not apply to claims arising before, or arising from facts occurring before, the point in time when that amendment was published to the Website. We will let you know that the Terms have been updated or changed by publishing the date of the last amendment at the top of this page. You agree that this method of notice is sufficient and that you will regularly check these Terms for updates or changes.
2.0 IP Protection. The Website, its forward facing components (images, designs, text, arrangements of the foregoing, etc.), its various features and services, and all underlying software and code belong exclusively to us. You understand and agree that your use of the Website in no way gives you a right, title, or interest in the Website or our intellectual property. The Website and its various component parts are protected by copyright law, trademark law, trade secret law, and other laws germane to the protection of intellectual property rights.
2.1 Prohibited Activities. You agree to use the Website and the features and services provided through the Website only as they are obviously intended to be used. All other uses are strictly prohibited. You agree not to (and not to encourage a third party to) disassemble, reverse engineer, or otherwise attempt to discover, copy, or transmit, any source code underlying the Website or the software, features, or services provided therein.
2.2 Your Content. By posting, uploading, or transmitting content or information to, or through, the Website you grant us a nonexclusive, irrevocable, worldwide, sub-licensable (through multiple-tiers), royalty-free license to copy, store, transmit, publish, publicly display, publicly perform, and otherwise use this content or information to operate the Website as we reasonably see fit. You warrant that you have the authority to grant such license.
GENERAL USER WARRANTIES
3.0 User Warranties. By accessing, using, or registering with the Website you represent, warrant, and irrevocably covenant that:
You have the authority to enter into this agreement.
Your decision to enter into this agreement and your use of the Website will not violate any applicable law, regulation, or ordinance.
Your decision to enter into this agreement and your use of the Website will not infringe the rights of any third parties.
You will at all times supply truthful and accurate information to us and you will not misrepresent yourself to the public through your use of the Website.
You will never use the Website, or any services we provide to you, in a manner that violates the law or the legal rights of a third party.
You are at least 13 years of age if you are using the Website and have the consent of a parent or legal guardian if you are under 18 years of age.
4.0 International Use. This Website is not intended for use by nonprofit organizations organized under the laws of countries other than those of the United States of America. You represent, warrant, and irrevocably covenant that you will refrain from making financial transactions through the Website if you (i) are located in a country embargoed by the United States or (ii) are on the U.S. Treasury Department's list of Specially Designated Nationals. If you choose to use this Website, you are solely responsible for compliance with all applicable local laws and you consent to having your data transferred, processed, and stored in the United States.
5.0 Fees. There are no fees to join our website or to become a member.
5.1 Donations. We accept donations. Contact your financial tax advisor for advice.
7.0 Availability of Service. As the provider of the Website, we reserve the right to discontinue (i) the Website, in whole or in part, (ii) any features or services provided by or through the Website, or (iii) your account with the Website, for any or no reason, without notice to you.
8.0 Waiver of Warranties. We disclaim all warranties, express, implied, statutory, or otherwise, concerning the Website to the fullest extent allowed by applicable law. This waiver includes, but is not limited to, all warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information. We make no warranties concerning continuity of service, the security of the Website, or that the Website will be error free. We offer the Website and the features and services contained therein "AS IS" and "WITH ALL FAULTS.”
8.1 Taxes. You understand that the party you transact with through the Website is the one that sets the tax language in any receipt you receive. We make no representations about the nature of any transaction you make through the Website. Always consult the organization you are transacting with and a qualified financial advisor prior to claiming a deduction on your taxes.
8.2 Release. You hereby release us, our successors and assigns, our affiliates, and each of the foregoing's respective directors, officers, employees, and agents (collectively, the "Releasees") from any and all liability, costs, expenses, losses, damages (including damage to property or personal injury or death), and claims, whether known or unknown, which may arise from (i) you hosting, participating in, attending, or authorizing an event posted on the Website (including events you authorize your supporters to advertise on the Website) or (ii) from the acts or omissions of third parties you interact with through the Website (collectively the “Released Claims”).
8.3 Limitation of Liability. Neither we nor our officers, directors, employees and agents, will be liable to you for special, consequential, indirect, punitive, exemplary or incidental damages (including lost revenues or profits, or loss of goodwill), regardless of the cause, legal theory, or cause of action, even if we have been advised of the likelihood thereof. Our aggregate liability, together with the liability of our officers, directors, employees and agents, arising out of this Agreement and your use of the Website (when aggregated with all other claims against us arising out of this Agreement and your use of the Website), regardless of the type of claim(s) or the nature of the cause(s) of action, will not exceed the greater of (i) one hundred U.S. Dollars ($100) or (ii) the net amount we have been paid from transaction fees arising from transactions you have made through the Website in the twelve (12) months immediately preceding the event giving rise to your claim(s). You acknowledge that the foregoing limitations are an essential basis of the bargain we have reached and that they will apply notwithstanding any failure of essential purpose of any limited remedy.
8.4 Indemnification. You agree to hold the releases harmless and to defend and indemnify each of them for all costs, expenses (including reasonable attorney's fees), damages, and liability from third party claims, which arise from, or relate to, your use of the Website or your breach of these Terms.
9.0 Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Georgia, as such laws are applied to agreements made between Georgia residents and performed entirely within the State of Georgia, and without regard to conflicts of laws principles.
9.1 Forum. The exclusive jurisdiction and venue for any disputes which may arise out of, or relate to, these Terms or your use of the Website will be the state and federal courts located in Stone Mountain, County Georgia. You hereby expressly and irrevocably consent to the personal jurisdiction and venue of such courts.
9.2 No Joint Venture. These Terms do not create, and shall not be construed to create, a joint venture, partnership, or other formal business relationship between you and us. At all times we shall remain independent contractors with respect to one another.
9.3 No Assignment. You have neither the right nor the power to assign your rights under these Terms. Any purported assignment of your rights under these Terms will be NULL AND VOID.
9.4 Entire Agreement. These Terms contain the entire agreement between you and us, they are a complete integration of our agreement and supersede and displace any earlier or contemporaneous written or oral negotiations, statements, or agreements purporting to deal with the subject matter hereof.
9.5 Severability. If any provision of the Terms is found to be unenforceable, invalid, or illegal by a court of competent jurisdiction, this finding shall not render any other provision of the Terms unenforceable, invalid, or illegal. We both agree that the court will have the authority to modify or replace the unenforceable, invalid, or illegal provision with a valid and enforceable provision that most closely represents our intentions with respect to the invalid, illegal, or unenforceable provision.
9.6 No Waiver. Any delay on your part, or on our part, to exercise a right or power granted under these Terms will not be construed as a waiver of such right or power. All waivers must be in writing and a waiver of any particular breach will not be construed as a waiver of any other breach, or any succeeding breach.
9.7 Survival. The provisions of the sections of these Terms titled "Intellectual Property," "Liability," and "General" will survive termination.
9.8 Headers. The headers contained within these Terms are for convenience of reference only. They should not be interpreted to modify the plain meaning of the various provisions of these Terms.
9.9 Attorney’s Fees. If a dispute arises out of these Terms or your use of the Website then the prevailing party in any litigation will be entitled to recover all costs and expenses (including reasonable attorney's fees) incurred as a result of that litigation.
Last Revised: June 3, 2015
Golf4community Respects your privacy
Other than as described in this Policy, we will not give any information about you to others without your express permission.
Information Collection and Use
Our Site and mobile applications use forms in which you give us may contain contact information (including your name, address, telephone number, and email address) so you can place orders, request information and support, and make product suggestions. For certain services, we may also request a credit card number, government identification number, or other financial information. We will then create an account number for you.
We receive and store any information you enter on our Site or mobile applications, or give us in any other way, including through email, telephone, or other communications with our customer service department. If you contact us for support, we will keep an internal record of what support was given.
We use your information to contact you regarding functionality changes to our products, our Site and mobile applications, new Golf4community services, and special offers we think you'll find valuable. If you would rather not receive this information, please see your website profile section "Updating Your Information" section below on how to change your preferences.
We may also use your information to present a co-branded offer with our partners or affiliates. If we collect information from you in connection with a co-branded offer, it will be clear at the point of collection who is collecting the information and whose privacy statement applies.
We use information gathered about you from our Site or mobile application statistics (for example, your IP address, location or device operating system) to help personalize search results, diagnose problems with our server, and to administer our Site and mobile applications. We also gather broad demographic information from this data to help us improve our Site and mobile applications and make your browsing and networking experience more enjoyable. This is not linked to any personally identifiable information, except as necessary to prevent fraud or abuse on our system.
Within our Site and mobile applications we use tracking technologies such as: CI codes (click tracking), ISC (source tracking), and ITC (item tracking codes, attached to purchases at an item level, used to determine where within the application a product was added). Our mobile applications automatically collect the device's operating system, phone model, app version, and device ID, and customer number. We report this data back to our Golf4community web services. These results are not shared with any third parties and are used solely for deciding when to retire SDKs/OS versions and to identify characteristics of major users so that we may optimize our applications and services for those user types.
With your express consent, we may access and track location data from your mobile device in order to personalize results such as user favorite domain name selections. We do not tie any personally identifiable information about you to any of the location tracking technologies that we use, and we do not track location data when our mobile applications are not in use. You may withdraw your consent for us to use location data at any time by turning off the location services setting on your device.
This Site and our mobile applications contain links to other websites. Unfortunately, Golf4community is not responsible for the privacy practices or the content of such sites.
This Site has security measures in place to protect against the loss, misuse or alteration of the information under our control. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).
We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.
We use emails to communicate with you, to confirm your placed membership, and to send information that you have requested. We also provide email links, as on our "About Golf4community " page, to allow you to contact us directly. We strive to promptly reply to your messages.
The information you send to us may be stored and used to improve this Site, our mobile application, and our products, or it may be reviewed and discarded.
Third Party Service Providers
We may at times provide information about you to third parties to provide various services on our behalf, such as processing credit card payments, serving advertisements, conducting contests or surveys, performing analyses of our products or customer demographics, shipping of goods or services, and customer relationship management. We will only share information about you that is necessary for the third party to provide the requested service. These companies are prohibited from retaining, sharing, storing or using your personally identifiable information for any secondary purposes.
We use a tool called “Google Analytics” to collect information about use of this Site, such as how often users visit the Site, what pages they visit when they do so, and what other sites they used prior to coming to this Site. Google Analytics collects only the IP address assigned to you on the date you visit this Site, rather than your name or other identifying information.
Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this Site. This cookie cannot be used by anyone but Google, Inc. The information generated by the cookie will be transmitted to and stored by Google on servers in the United States.
We use the information received from Google Analytics only to improve services on this Site. We do not combine the information collected through the use of Google Analytics with personally identifiable information.
Supplementation of Information
In order to provide certain services to you, we may on occasion supplement the personally identifiable information you submit to us with information from third party sources (e.g., information from our strategic partners, service providers, or the United States Postal Service). We do this to enhance our ability to serve you, to tailor our products and services to you, and to offer you opportunities to purchase products or services that we believe may be of interest to you.
From time-to-time, we may provide you with the opportunity to participate in contests or surveys. If you choose to participate, we may request certain personally identifiable information from you. Participation in these contests or surveys is completely voluntary and you therefore have a choice whether or not to disclose the requested information. The requested information typically includes contact information (such as name and address), and demographic information (such as zip code and age level - note that you must be 18 or above to enter). We use this information to notify contest winners and award prizes, to monitor site traffic, and to personalize our Site.
We may use a third party service provider to conduct these surveys or contests. When we do, that company will be prohibited from using our users' personally identifiable information for any other purpose. We will not share the personally identifiable information you provide through a contest or survey with other third parties unless we give you prior notice and choice.
Golf4community may display targeted offers to our customers based on the current location by the member. These offers will display as varying product banners. There is no personal or geolocation information collected within these product banners to build a profile about your activities or that is shared with third party advertising companies.
If a user elects to use our referral service to inform a friend about our Site or mobile application, we ask the user for the friend's name and email address. Golf4community will automatically send the friend a one-time email inviting them to visit our Site. Golf4community stores this information for the sole purpose of sending this one-time email. The friend may contact Golf4community at mailto:privacy@ Golf4community.com to request the removal of this information from our database.
What Happens to my Personally Identifiable Information if I Terminate my Golf4community Account?
When your Golf4community account is cancelled (either voluntarily or involuntarily) all of your personally identifiable information is placed in "deactivated" status on our relevant Golf4community databases. However, deactivation of your account does not mean your personally identifiable information has been deleted from our database entirely. We will retain and use your personally identifiable information as necessary in order to comply with our legal obligations, resolve disputes, or enforce our agreements.
Updating Your Information
You may alter, update or deactivate your account information or opt out of receiving communications from us and our partners at any time. We have the following options for changing and modifying your account information or contact preferences.
i.You may send an email to mailto: privacy@Golf4community.com
ii.You may visit your online Account
iii.You may send mail to Golf4community at the following postal address:
P. O. Box 870971, Stone Mountain, Ga. 30087 USA
We will respond to your request for access or to modify or deactivate your information within thirty (30) days.
Transfer of Data Abroad
If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
Compliance with Laws and Law Enforcement
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical. We will also share your information to the extent necessary to comply with ICANN's rules, regulations and policies.
To the extent we are legally permitted to do so, we will take reasonable steps to notify you in the event that we are required to provide your personal information to third parties as part of legal process.
Changes in Our Practices
If we make material changes to this Policy, we will notify you here, by email, or by means of a notice on our home page, at least thirty (30) days prior to the implementation of the changes.
Contacting Our Site
ATTN: Website Privacy Team
P. O. Box 870971
Stone Mountain, Ga. 30087 USA