GolfNet Membership Agreement & Terms of Use
As with any online service, we must establish some basic rules to ensure the enjoyment of all members of the GolfNet community. These rules are outlined in the Membership agreement below. Please take some time to read the agreement.
This GOLFNET Service (the "Service"), owned and operated by Golf 21st Century LLC dba "GolfNet", is provided to you under the terms and conditions of this the GolfNet Membership Agreement. The GolfNet Membership Agreement (GMA) comprises the entire agreement between you and GolfNet, and supersedes all prior agreements between the parties regarding the subject matter contained therein.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "AGREE AND REGISTER" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE GMA FOR AS LONG AS YOU REMAIN A COMMUNITY MEMBER (SEE BELOW FOR DEFINITION OF COMMUNITY MEMBER).
Therefore, we encourage you to carefully review and familiarize yourself with it. In addition, you should review the agreement from time to time for any important changes. A link to the current version of the GolfNet Membership Agreement will always be available online on the "Help and FAQ" page of the GolfNet Service.
1. Ownership and General
"GolfNet" is an interactive online service located on the World Wide Web across a network of Internet addresses: GolfNet.com, USHandicap.com, Stracka.com, GolfQ.com, and our network of affiliate portals (handicaptracker.Golf.com, GolfsmithNetwork.com, GolfGalaxyNetwork.com, and more). The Service offers Community Members access to information and content owned or licensed by GolfNet.
For purposes of this Agreement, "Community Member" means any person who establishes an authorized account for access to and use of the Service. The right to use the Service is personal to the Community Member and a Community Member's Account is not transferable. Unless authorized by GolfNet, a Community Member must be an individual at least thirteen (13) years of age and may not be a firm, business entity or institution. Individuals under 13 years of age must have a parent or guardian establish an account and purchase a membership.
GolfNet contains copyrighted material, and the entire contents of the Service are copyrighted as a collective work under the United States copyright laws. Except as expressly permitted by GolfNet and/or third-party content providers, no portion of any copyrighted materials may be copied, reproduced, redistributed, retransmitted, published, resold, transferred, or otherwise commercially exploited, in any manner, by any Community Member.
2. Account Responsibility
Once the registration process is complete, you will be assigned a user name and password. You may change this password by accessing the "Account Settings" section of the Web site. You are entirely responsible if you do not maintain the confidentiality of your password and/or account information. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may set up a new account and close an old one at your convenience. If the Community Member believes that his or her Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Community Member's password), the Community Member must promptly change his or her password and notify GolfNet as set forth below to avoid liability. Orders for purchases of merchandise or Services advertised on the Service from GolfNet or Merchants are subject to availability and acceptance. GolfNet is not responsible for delivery, warranties, guarantees or other matters concerning purchases from Merchants that are not owned or operated by GolfNet. Unauthorized access to the Service is a breach of the GMA and a violation of law.
3. Community Member Conduct
The Community Member shall be responsible for, and assumes all liability associated with, any material made available though the Service under the Community Member's Account, including but not limited to liability for claims of infringement of intellectual property rights and defamation. The Community Member shall not post, transmit through, or otherwise make available on the Service (i) any material which violates or infringes in any way upon the rights of others, which is obscene, unlawful, abusive, vulgar, defamatory, profane, sexually explicit, racist, hateful, threatening or otherwise objectionable or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, (ii) without the express written consent of the owner thereof, any copyrighted material, or (iii) without the express prior written consent of GolfNet, any advertising or any solicitation with respect to products or services.
A complete set of rules for conduct is found
here.
The Community Member acknowledges that any Community Member Material posted, transmitted through or otherwise made available on the Service may be edited, removed, modified, published, transmitted and displayed by GolfNet, and Community Member waives, and agrees never to assert, any moral rights Community Member may have in such Community Member Material.
4. Service Content
GolfNet shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized GolfNet spokesperson. Service advertisers, Community Members, guests, independent writers and experts are not authorized GolfNet spokespersons. At no time should the opinions, views, advice or statements provided by Service advertisers, Content Providers, Community Members, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
5. Disclaimers and Limitation of Liability
THE SERVICES ARE PROVIDED 'AS IS', WITH NO WARRANTIES WHATSOEVER. THE COMMUNITY MEMBER AGREES THAT THE USE OF THE SERVICE IS AT THE COMMUNITY MEMBER'S SOLE RISK. NEITHER GOLFNET, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO GOLFNET OR ANY OF THE FOREGOING PERSONS OR ENTITIES MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICE OR THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MECHANTABILITY, FITNESS FOR A PARTICLUAR PURPOSE, AND NON-INFRINGEMENT ON PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
THE COMMUNITY MEMBER'S SOLE AND EXCLUSIVE REMEDY AND GOLFNET SOLE AND EXCLUSIVE OBLIGATION FOR ANY DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR OTHER CAUSE, SHALL BE TO TERMINATE THE COMMUNITY MEMBER'S ACCOUNT. IN NO EVENT WILL GOLFNET OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR ANY SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR ANY SOFTWARE OR OUT OF THE BREACH OF ANY WARRANTY OR ANY OTHER CAUSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL MEMBERS.
6. Indemnification
The Community Member agrees to defend, indemnify and hold harmless GolfNet, its affiliates and their respective directors, officers, employees and agents from and against all claims liability, damages, and/or expenses, including without limitation, reasonable attorneys' fees and court costs, arising out of the Community Member's use of the Service or the Community Member's Account, violation of the GMA, or infringement by any user of your account. The terms of Service will inure to the benefits of GolfNet's successors, assigns and licensees.
7. Modifications
GolfNet reserves the right, at any time, to (i) modify the terms of this GMA, (ii) modify the Service, including eliminating or discontinuing any content or feature of the Service, restricting the hours of availability or limiting the amount of use permitted by the Community Member. Community Members will be given notice of the modifications via email to the address you give us. Any use of the Service under a Community Member's Account after such notice shall be deemed to constitute acceptance by the Community Member of the modifications.
8. Notices
GolfNet may send notices to Community Members, at GolfNet's option, by posting a message on the Service or by electronic mail. Notices by Community Members to GolfNet must be provided by electronic mail, sent via
customer support. Notices provided by a Community Member to GolfNet will not change the terms of the GMA, unless a modification is expressly accepted in writing by an authorized officer of GolfNet.
9. Termination
Either GolfNet or the Community Member may terminate this Agreement and the Community Member's Account at any time, with or without cause. In the event that the Community Member is dissatisfied with the Service for any reason whatsoever, the Community Member's sole and exclusive remedy is to terminate the Community Member's Account by notice to GolfNet pursuant to the GMA. GolfNet may suspend or terminate Community Member's Account, without notice, in the event of any breach by the Member of this Agreement or for other conduct by the Community Member which GolfNet, in its sole discretion, considers to be unacceptable. Suspension or termination of a Community Member's Account means that the Service will no longer be accessible to the Community Member. GolfNet shall not be responsible for any consequences of such lack of access. The provisions of the GMA will survive the termination of the GMA or the Community Member's Account, whether by GolfNet or the Community Member.
10. Use of Member Information
Under GolfNet's privacy policy, we may disclose to third parties certain aggregate information contained in our Community Member's registration application which may include your name, address, email address, and other community information without your prior written consent, except as required by law.
11. Subscriptions; Charges on Your Billing Account
Billing and Payment. GolfNet bills you through an online account (your "Billing Account") for use of the Service. You agree to pay GolfNet all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize GolfNet to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. GolfNet may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This Section 11 includes any agreements you made with GolfNet on the Website when becoming a Member or subscribing to the Service. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
Automatic Renewal. Your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please submit a request
here. By subscribing, you authorize GolfNet to charge your Payment Method now and again at the beginning of any subsequent subscription period. You also authorize GolfNet to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if GolfNet does not receive payment from your Payment Method provider, (i) you agree to pay all amounts due on your Billing Account upon demand, and/or (ii) you agree that GolfNet may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
Current Information. You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify GolfNet if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made at "Account Settings" on the Website. If you fail to provide GolfNet any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that GolfNet is authorized to charge your Payment Method. GolfNet may submit those charges for payment and you will be responsible for such charges. This does not waive GolfNet's right to seek payment directly from you.
Refund Policy. Premium Memberships are non-refundable. If you do not wish your account to renew automatically, or if you want to change or terminate your auto-renewal, please submit a request
here.
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If you have any questions or concerns about our service, the practices of GolfNet, or your dealings with us, you may contact a representative of our company by using our Customer Support page.
