Terms of Use
Rev. 4/21/2011
TrophyGolfer.com (“TrophyGolfer”) is a virtual golfing community focused on providing its members discounted greens fees and course access and forums to discuss golf. By using the TrophyGolfer Services, you have consented to: (1) the use of your mobile device's location to provide TrophyGolfer’s services including relevant advertisements, and the display of that location information to the TrophyGolfer community (privacy settings can be managed in your ‘edit profile’ section); (2) receive emails; and (3) pay carrier data and other fees resulting from TrophyGolfer usage. This Agreement describes the terms on which users may access and use TrophyGolfer services. In order to use TrophyGolfer, you must accept all of the terms and conditions of this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you should not use or access TrophyGolfer services. TrophyGolfer reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the TrophyGolfer service indicates your acceptance of the amended Agreement.
Right of Use:
You will not use this Website in any way that is contrary to these Website Terms of Use, or that is unlawful or harms Trophy Golfer or their affiliates, sub-licensees, resellers, distributors, service providers, advertisers and/or suppliers or any customer thereof, other users of this Website, this Website, or the network to which it is connected, as determined in our sole discretion. Without limiting the foregoing, you agree that you will access and use this Website for your personal use only. TrophyGolfer may alter, suspend or discontinue any aspect of its service at any time, including the availability of any feature, database or content. TrophyGolfer may also impose limits on certain features and aspects or suspend or restrict access of individual users or IP addresses to parts or all of TrophyGolfer without notice or liability. TrophyGolfer also has the right to terminate memberships at any time without warning for violations or abuse of its policies, misuse of its website or harassment of other members. If a membership is terminated for breach of this Agreement, website misuse or harassment, the terminated member shall not be entitled to, and agrees not to attempt to, access the Website and the terms of this Agreement shall continue to be in full force and effect. TrophyGolfer also reserves any and all remedies at law or equity in connection with any violation of the Website Terms of use. You agree, at your own expense, to indemnify, defend and hold TrophyGolfer (and its subsidiaries, affiliates, officers, directors, agents, employees and third parties providing content) harmless from and against any claim or demand and all losses incurred related to the use of the Website.
Password and Account Confidentiality: Members are entirely responsible for maintaining the confidentiality of their passwords, and are solely and fully responsible for any and all activities that occur using their account. Users agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. Users agree to notify TrophyGolfer immediately if you suspect any unauthorized use of your account or access to your password.
Privacy:
Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that TrophyGolfer may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or protect the rights, property, or safety of TrophyGolfer, its users, or the general public.
Intellectual Property:
TrophyGolfer content is proprietary to the TrophyGolfer and its providers and is protected under federal and state intellectual property laws and international treaty provisions. You may not provide this website to third parties by way of sale, lease, sublicense, file transfer or through a networked or time-sharing environment. TrophyGolfer website content may contain proprietary notices or describe products or services owned by TrophyGolfer and/or third parties. Nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of the Company, its affiliates and/or any third party. Neither the Company nor its affiliates will be responsible for any third party material. TrophyGolfer and its logo are trademarks of TrophyGolfer, Inc. Users agree not to copy, reverse engineer or otherwise replicate the TrophyGolfer website or its intellectual property. Users further agree not to post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. TrophyGolfer will remove any content that infringes the copyright rights of others upon receipt of proper notification to TrophyGolfer by the copyright owner. If you believe that your work has been copied and posted on TrophyGolfer in a manner that constitutes copyright infringement, please provide our Copyright Agent a signed declaration with the following information: (i) a description of the copyrighted work that you claim has been infringed; (ii) a description of where the material that you claim is infringing is located on the TrophyGolfer website; (iii) your address, telephone number, and email address; (iv) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement made under penalty of perjury that the foregoing information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. TrophyGolfer.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright@TrophyGolfer.com.
User Content:
Users that post content to the TrophyGolfer website, including personal profile information, represent and warrant that all such content is factual and owned by the poster or that the poster otherwise has the right to post the content to the TrophyGolfer website. Posters also agree not to post content that is unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable, and further agree not to use TrophyGolfer to stalk or harass anyone. Posters further represent and warrant that the posting of content does not violate privacy rights, publicity rights, copyrights, contract rights or any other rights. Posters agree to pay for all royalties, fees, and any other monies owing any person by reason of any content posted by the poster on the TrophyGolfer website. Members and guests recognize and acknowledge that profile information will be visible to other website visitors, and understand that by posting materials on the TrophyGolfer website, you are granting to TrophyGolfer a royalty-free, perpetual, irrevocable license to use this information in the course of offering TrophyGolfer services. TrophyGolfer retains the right to reformat, excerpt, or translate any materials submitted. All information publicly posted or privately transmitted through the TrophyGolfer is the sole responsibility of the person from which such content originated and that TrophyGolfer will not be liable for any errors, omissions or falsehoods in any content. You understand that TrophyGolfer cannot guarantee the identity of any other users with whom you may interact in the course of using the TrophyGolfer Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or others. Users also agree to comply with all applicable local laws, rules and regulations, including but not limited to rules regarding online conduct and acceptable content and all applicable laws regarding the transmission of technical data exported from the United States or the country in which the user resides. TrophyGolfer may delete any content that, in its the sole judgment, violates this Agreement or which may be offensive, illegal or violate the rights or threaten the safety of any person. Users are solely responsible for content transmitted by them via TrophyGolfer, and TrophyGolfer does not endorse and has no control over the content. TrophyGolfer assumes no responsibility for monitoring content sent via TrophyGolfer for inappropriate content or conduct. TrophyGolfer makes no warranties, express or implied, as to content or to the accuracy and reliability thereof, transmit by a member or guest to other members or guests.
Consent to Monitoring and Disclosure:
We are under no obligation and do not assume any obligation to monitor the information residing on or transmitted to the Website. However, you agree that we may monitor the Website to operate the Website in order to protect the users of the Website and comply with all laws, regulations or requests from governmental authorities. We reserve the right to modify or delete any information contained on the Website. All information provided by you to the Company in connection with the Website (and not otherwise covered as confidential under the Company’s Privacy Policy) shall be deemed not to be confidential and we will not protect any such information provided by you from disclosure. We shall be free to use, disclose and distribute such information to third parties without any limitation.
No Endorsement:
References on the Website to any products, services or Web website links of any third parties shall not constitute or imply an endorsement of such products, services or Web websites by the Company. The Company makes no representations and is not responsible for the quality, legality, decency, or any other aspect of the products, services or Web websites provided by third parties that may be referred to on the Website.
Anti-Spam Policy:
Users of this Website shall not use this Website to transmit unsolicited e-mail messages, including without limitation, unsolicited bulk e-mail, where such e-mails could reasonably be expected to provoke complaints (“spam”). Further, you are prohibited from obtaining the service of another provider to send spam to promote a website hosted on this Website.
Security:
You agree that you will comply with any security processes and procedures (such as passwords) specified by the Company with respect to access to or use of the Website. Further, you agree not to access or attempt to access any areas of or through this Website that are not intended for general public access, unless you have been provided with express written authorization by the Company. You agree that you will not disrupt the functioning of this Website or otherwise act in a way that interferes with other users’ use of the Website.
Disclaimers:
Users agree to indemnify and otherwise hold harmless TrophyGolfer, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from use of the TrophyGolfer website, attendance at its events, use of its materials or any other matter relating to the TrophyGolfer. Any transactions which may arise between users are the sole responsibility of the users involved. TrophyGolfer does not guarantee or promise any specific results from use of TrophyGolfer, and is not responsible for any incorrect or inaccurate content posted on the TrophyGolfer website or otherwise provided in connection with TrophyGolfer events or services. TrophyGolfer.com takes no responsibility for third-party goods, services, advertisements or promotions displayed on TrophyGolfer or promoted or provided at its events. TrophyGolfer is not responsible for the conduct, whether online or offline, of any user of the TrophyGolfer. TrophyGolfer assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication via its website, nor is it responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the TrophyGolfer Services or combination thereof, including any injury or damage to any computer related to or resulting from participation or downloading materials. Under no circumstances shall TrophyGolfer be responsible for any loss or damage, including personal injury or death, resulting from use of the TrophyGolfer website, attendance at a TrophyGolfer event, from any content posted on or through the TrophyGolfer, whether online or offline. Use of TrophyGolfer is at the risk of the users; TrophyGolfer provides its services "as is" and as available and expressly disclaims any warranty of merchantability, fitness for a particular purpose or non-infringement. IN NO EVENT SHALL TROPHYGOLFER BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF TROPHYGOLFER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF TROPHYGOLFER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE USER TO TROPHYGOLFER FOR TROPHYGOLFER SERVICES DURING THE TWENTY-FOUR MONTHS PRIOR TO THE DAMAGE.
Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of laws principles, and users agree that any disputes arising shall be subject to arbitration, with the arbitrator selected by TrophyGolfer, and that such arbitration shall take place in Austin, Texas.
Entire Agreement:
The User Agreement constitutes the entire agreement between you and TrophyGolfer and governs your use of the TrophyGolfer Service, superseding any prior agreements between you and TrophyGolfer. The section titles of this User Agreement are for convenience and have no legal effect. Except as expressly provided, there shall be no third party beneficiaries to this Agreement.
Updates and More Information:
These Terms of Use may be updated from time to time, and we will post those changes on this page, email users, and/or update the Privacy Policy modification date contained herein. For further information relating to the issues contained in these Terms and Conditions or questions or problems regarding the Website, please Contact Us. BY MY CREATION OF AN ACCOUNT ON TROPHYGOLFER, I STIPULATE THAT I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
