Terms and Conditions of Use Agreement
GolfThisWay.com, (the "Web Site" or the "Site") is a service where those who Golf can get
advice from other Golfers using message forums. GolfThisWay.com maintains this
Web Site as a service to its customers. By using the Site, you are agreeing to
comply with and be legally bound by the following terms of use. Please review the
following terms carefully. If you do not agree to these terms, you should not
review information or obtain services, goods or products from this site.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this
Terms of Use Agreement ("Agreement") with respect to the Site. This Agreement
constitutes the entire and only agreement between GolfThisWay.com and you (the
"Member"), and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site, the
content, products or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended at any time by
GolfThisWay.com from time to time without specific notice to Member. The latest
Agreement will be posted on the Site, and you should review this Agreement prior
to using the Site.
2. Age of Consent. By registering and accepting this Agreement, Member represents
and warrants that he or she is 13 years of age or older.
3. Authority to Participate. By registering and accepting this Agreement,
Member represents and warrants that he or she can lawfully bind him or her self to
this Agreement in the jurisdiction where Member is located. No Member may
participate where any law or regulation having the force of law applicable to
Member would prohibit doing so.
4. Copyright. The information, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters related to the Site
(collectively, the "Content") are protected under applicable copyrights,
trademarks and other proprietary (including but not limited to intellectual
property) rights. The copying, redistribution, use or publication by you of any
such matters or any part of the Site, except as allowed by Section 4, is strictly
prohibited. You do not acquire ownership rights to any content, document or other
materials viewed through the Site. The posting of information or materials on the
Site does not constitute a waiver of any right in such information and materials.
5. Trademarks. Other product and company names mentioned on the Site may be
trademarks of their respective owners.
6. Limited Right to Use. The viewing, printing or downloading of any content,
graphic, form or document from the Site grants you only a limited, nonexclusive
license for use solely by you for your own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation of derivative works or
other use. No part of any content, form or document may be reproduced in any form
or incorporated into any information retrieval system, electronic or mechanical,
other than for your personal use (but not for resale or redistribution).
7. Editing, Deleting and Modification. GolfThisWay.com reserves the right in its
sole discretion to edit or delete any documents, information or other content
appearing on the Site.
8. Grants of Licenses. (a) You irrevocably grant GolfThisWay.com, a nonexclusive,
royalty-free, world-wide and perpetual license to copy, display, disseminate,
publish, translate, modify, reformat, or create derivative works from anything you
publish or post on the Web Site ("your information") or to combine your
information with other material. (b) GolfThisWay.com grants you a personal,
nonexclusive, nonassignable and nontransferable license to use and display the
Content on any machine(s) of which you are the primary User, and to copy or
download Content solely for your own non-commercial use. No other hard copy or
electronic duplication, transmission, redistribution, or publication of any
Content is allowed, and you may not use or include any content in any other print
or electronic publication or service. You will not alter or remove any trademark,
copyright or other notice from any copies of the Content. Your violation of the
foregoing may result in civil and/or criminal liability. You may not sublicense,
assign or transfer this license. Requests regarding use of the Service or Content
for any purpose other than your personal, non-commercial use should be directed to
webmaster@golfthisway.com. Questions regarding copyright infringement should be
directed to at webmaster@golfthisway.com.
9. Member Conduct. You are solely responsible for your information and warrant that
you have all legal rights and licenses necessary for you to comply with Section
8(a). We retain the right to edit or delete any part of the content that is
published, displayed or distributed on the site. In connection with the Services
and Content, you will not: (a) act in an unwanted or offensive manner toward
another User; (b) use the Service for political, commercial or advertising
purposes; (c) harm or exploit minors in any way, which includes requesting or
posting personal or other information; (d) post, submit or otherwise do anything
with the Service, Content, or Web Site that is unlawful, harmful, tortious,
defamatory, profane, obscene, libelous, hateful or offensive to the average
User; (e) act in a racially, ethnically, or otherwise objectionable manner;
(f) collect or store personal data of any other User; (g) post or reference
pornographic materials (whether in visual, textual, or audio format);
(h) discuss, incite or otherwise solicit illegal activity; or (i) violate or
infringe upon the proprietary or other rights of any individual or third party.
10. Legal Compliance. Although GolfThisWay.com may from time to time monitor or
review discussions, chats, postings, transmissions, bulletin boards, and other
communications on this Site, GolfThisWay.com is under no obligation to do so,
and assumes no responsibility or liability arising from the content of any such
locations, or for any error, defamation, libel, slander, omission, falsehood,
obscenity, pornography, profanity, danger, or inaccuracy of any information
contained within such locations on this Site. You are prohibited from posting or
transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material or any material that could
constitute or encourage conduct that would be considered a criminal offense,
give rise to civil liability, or otherwise violate any law. GolfThisWay.com
will fully cooperate with any law enforcement authorities or court order
requesting or directing GolfThisWay.com to disclose the identity of anyone
posting any such information or materials.
11. Indemnification. You agree to indemnify, defend and hold GolfThisWay.com and
our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties")
harmless from any liability, loss, claim and expense, including reasonable
attorney's fees, related to your violation of this Agreement or use of the Site.
12. Nontransferable. Your right to use the Site is not transferable. Any password
or right given to you to obtain information or documents is not transferable.
13. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND
SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. GOLFTHISWAY.COM
AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY
INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF,
GOLFTHISWAY.COM AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF
DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN GOLFTHISWAY.COM AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM GOLFTHISWAY.COM THROUGH THE SITE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN
THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. GOLFTHISWAY.COM
WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF
ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM
LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU
PAY FOR ANY GOODS, SERVICES OR INFORMATION.
14. Use of Information. GolfThisWay.com reserves the right, and you authorize
GolfThisWay.com, to the use and assignment of all information regarding Site uses
by you and all information provided by you in any manner consistent with our
Privacy Policy.
15. Third-Party Services. GolfThisWay.com allows access to or advertise third-party
merchant sites ("Merchants") from which you may purchase certain goods or
services. You understand that GolfThisWay.com does not operate or control the
products or services offered by Merchants. Merchants are responsible for all
aspects of order processing, fulfillment, billing and customer service.
GolfThisWay.com is not a party to the transactions entered into between you
and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS
WITHOUT WARRANTIES OF ANY KIND BY GOLFTHISWAY.COM, EXPRESSED, IMPLIED OR OTHERWISE
INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR
NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS GOLFTHISWAY.COM LIABLE FOR ANY
DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY
INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
16. Third-Party Merchant Policies. All rules, policies (including privacy policies)
and operating procedures of Merchants will apply to you while on such sites.
GolfThisWay.com is not responsible for information provided by you to Merchants.
GolfThisWay.com and the Merchants are independent contractors and neither party
has authority to make any representations or commitments on behalf of the other.
17. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a
part of this Agreement.
18. Payments. You represent and warrant that if you are purchasing something from
GolfThisWay.com, or from Merchants that (i) any credit information you supply is
true and complete, (ii) charges incurred by you will be honored by your credit
card company, and (iii) you will pay the charges incurred by you at the posted
prices, including any applicable taxes.
19. Links to other Web Sites. The Site contains links to other Web sites.
GolfThisWay.com is not responsible for the content, accuracy or opinions
express in such Web sites, and such Web sites are not investigated, monitored or
checked for accuracy or completeness by GolfThisWay.com. Inclusion of any linked
Web site on our Site does not imply approval or endorsement of the linked Web site
by GolfThisWay.com If you decide to leave our Site and access these third-party
sites, you do so at your own risk.
20. Copyrights and Copryright Agents. GolfThisWay.com respects the intellectual
property of others, and GolfThisWay.com ask you to do the same. If you believe
that your work has been copied in a way that constitutes copyright infringement,
please provide our Copyright Agent the following information:
(a) Your address, telephone number, and email address;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is
located on the Site;
(d) An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
(e) A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is
the WebMaster who can be reached as follows:
By email:
webmaster@golfthisway.com
21. Information and Press Releases. The Site contains information and press
releases about GolfThisWay.com While this information was believed to be accurate
as of the date prepared, GolfThisWay.com disclaims any duty or obligation to
update this information or any press releases. Information about companies other
than ours contained in the press release or otherwise, should not be relied upon
as being provided or endorsed by GolfThisWay.com.
22. Choice of Law. This Agreement is entered into in Pennsylvania. You agree that
Pennsylvania law (regardless of conflicts of law principles) shall govern this
Agreement and that any dispute arising out of or relating to this Agreement shall
be subject to the federal and state courts in Pennsylvania.
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