Please read this Member Terms and Conditions Agreement (the "Agreement") carefully before registering to be a Member (hereinafter defined). The Agreement sets out the terms under which Golfmates.com services (the "Service") are provided to you through the Golfmates.com website (the "Site"). By registering with Golfmates.com, you become a member of the Service (a "Member"), and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR THE SERVICE. MINORS MAY NOT BECOME MEMBERS. By becoming a Member, you represent and warrant that you are at least 18 years old. We reserve the right at any time to: a. Change the terms and conditions of this Agreement; b. Change the Site, including eliminating or discontinuing any content on or feature of the Site; and c. Change any fees or charges for using the Site. Any changes to the Terms will be effective immediately upon posting by Golfmates.com on the Site. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications thereof. REGISTRATION: To become a Member you must register with us. When and if you register to become a Member, you agree to provide accurate, current and complete information about yourself as prompted by our registration form ("Registration Data"), and to maintain and update your information to keep it accurate, current and complete. a. You agree that we may rely on your Registration Data as accurate, current and complete. b. You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement and your use of the Site. We cannot guarantee that each Member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Site by persons under the age of 18 in violation of these Terms. Either you or Golfmates.com may terminate your membership at any time, for any reason or no reason at all, effective upon sending written notice to the other party. All membership fees paid are nonrefundable. Golfmates.com reserves the right to immediately suspend or terminate your access to the Service, without notice, upon any breach of this Agreement by you, which is brought to Golfmates.com's attention. Your membership in the Service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity. CODE OF CONDUCT You agree to use the Service in accordance with the following Code of Conduct: 1. You will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you. 2. You are solely responsible for the content or information you publish or display (hereinafter, "post") on the Service and/or Site, or transmit to other Members. 3. You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive, sexually oriented, threatening, defamatory, racist, pornographic, obscene, or offensive statements or materials. 4. You will not "stalk" or otherwise harass any person. 5. You will not impersonate any person or entity. 6. You will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters, spam or junk email to other Members. 7. You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent. 8. You will not harvest or collect personal information about other Members whether or not for commercial purposes. 9. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents. 10. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. 11. You will not remove any copyright, trademark or other proprietary rights notices contained in the Site. 12. You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person. 13. You will not post messages, pictures or recordings or use the Service in any way which is fraudulent or otherwise unlawful or violates any law. 14. You will not upload, post, email, transmit or otherwise make available any material that contains software viruses, Trojan horses or any other computer code, ifles or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. 15. You will not post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, or full names, except where expressly requested to provide such information by Golfmates.com. 16. You will not modify, adapt, screen scratch, reverse engineer, decipher, decompile, translate or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so. 17. You will use the Service in a manner that is consistent with any and all applicable local, state and federal laws and regulations. 18. You are solely responsible for your interactions with other Golfmates.com Members. INDEMNITY BY MEMBER You agree to indemnify, defend and hold Golfmates.com, its officers, directors, employees, agents and representatives, harmless from and against any and all claims, damages, losses, liabilities, costs (including without limitation reasonable attorneys' fees) or other expenses made by any third party due to or arising out of, directly or indirectly, your use of the Service and/or the Site, including but not limited to: a. Your breach of this Agreement; b. Any allegation that any materials that you submit to us or post on the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or c. Your activities in connection with the Site. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. ONLINE CONTENT Opinions, advice, statements, offers or other information or content made available through the Service are those of their respective Member-author and not of Golfmates.com, and should not necessarily be relied upon. Such Members are solely responsible for such content. GOLFMATES.COM DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND NEITHER ADOPTS NOR ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE. UNDER NO CIRCUMSTANCES WILL GOLFMATES.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS. You understand and agree that Golfmates.com may, but has no obligation to, review and delete any content, messages, photos or profiles that in the sole judgment of Golfmates.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members. The Site may contain links to other Internet Web sites or resources. We neither control nor endorse such other Web sites, nor have we reviewed any content that appears on such other Web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services or information located on or through any other Web sites or for the operation or policies of any such websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such websites or such content or other information. We suggest that you review the terms of use and privacy statements of such other Internet sites prior to your use of them. PRIVACY AND USE OF INFORMATION By registering for the Services you have also agreed to our Privacy Statement. You acknowledge that: A. WE CANNOT ENSURE THE SECURITY OR PRIVACY OF INFORMATION YOU PROVIDE THROUGH THE INTERNET AND YOUR EMAIL MESSAGES, AND YOU RELEASE US FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE USE OF SUCH INFORMATION BY OTHER PARTIES; B. WE ARE NOT RESPONSIBLE FOR, AND CANNOT CONTROL, THE USE BY OTHERS OF ANY INFORMATION WHICH YOU PROVIDE TO THEM AND YOU SHOULD USE CAUTION IN SELECTING THE PERSONAL INFORMATION YOU PROVIDE TO OTHERS THROUGH THE SERVICE; AND c. WE CANNOT ASSUME ANY RESPONSIBILITY FOR THE CONTENT OF MESSAGES SENT BY OTHER USERS OF THE SERVICE, AND YOU RELEASE US FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTENTS OF ANY COMMUNICATIONS YOU MAY RECEIVE FROM OTHER USERS. WE CANNOT GUARANTEE, AND ASSUME NO RESPONSIBILITY FOR VERIFYING, THE ACCURACY OF THE INFORMATION PROVIDED BY OTHER USERS OF THE SERVICE. TERMINATION OF ACCESS TO SERVICE We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or any activity that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and Golfmates.com may report you to the appropriate law enforcement agencies. DISCLAIMER OF WARRANTIES THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS. GOLFMATES.COM DOES NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, AND INTERRUPTIONS IN THE AVAILABILITY OF THE SERVICE. WHERE PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. GOLFMATES.COM DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE WHETHER BY GOLFMATES.COM, OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL GOLFMATES.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SITE OR THE SERVICES, ANY CONTENT POSTED ON THE SITE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE AND/OR SERVICE, WHETHER ONLINE OR OFFLINE. GOLFMATES.COM DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SITE AND/OR SERVICE. LIMITATION OF LIABILITY Except in jurisdictions where such provisions are restricted, in no event will Golfmates.com be liable to you or any third party for any indirect, consequential (including lost profits), incidental, special or punitive damages arising from your use of the Site and/or the Service, even if Golfmates.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Golfmates.com's liability to you 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 you to Golfmates.com for the Service during the term of your membership. DISCLOSURE AND OTHER COMMUNICATION We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any Golfmates.com related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity. And by your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Statement. GOVERNING LAW The parties hereby irrevocably consent and submit to the jurisdiction of the District Court of Douglas County, Nebraska and the United States District Court for the State of Nebraska, and hereby waive any objection based on venue or forum non conveniens with respect to any action instituted in connection with or related to this Agreement. The parties hereby irrevocably agree that any legal action or proceeding against you or Golfmates.com arising out of this Agreement or related to the Service shall be governed by and interpreted in accordance with the State of Nebraska, Douglas County, USA, substantive law, excluding its conflict of laws provisions or any principles which would result in a choice of law for the Contract Documents other than Nebraska law. As permitted by Article 6 of the Convention on Contracts for the International Sale of Good, the parties hereby agree and confirm that it is their intention that the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980) shall not in any way apply or be enforceable with respect to this Agreement or the Service. ASSIGNMENT You do not have the right to assign this Agreement or any of your rights to the Service to anyone. Golfmates.com has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of Golfmates.com, if Golfmates.com's obligations hereunder are assumed by a third party, Golfmates.com shall be relieved of any and all liability under this Agreement. OTHER This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Golfmates.com regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. CONTACT US Please Contact Us with any questions regarding this Agreement.
