As a condition to using the services provided by the website, or application, hosted by the
Trent Wearner Golf, Inc., a Colorado corporation (the "Platform"), you agree to be bound
by the following User Agreement (the "Agreement"). This Agreement constitutes a
legally binding contract between you ("You," "Your," or "Yourself") and Trent Wearner
Golf, Inc. ("We," "Us," or "Our").
The Platform is a service which is licensed to You by Us, but not sold to You, in
exchange for your agreement and consent to be bound by the following terms and
conditions in this Agreement. Please review this Agreement carefully before using the
Platform.
1. Scope of Agreement
In exchange for Your payment of the annual or monthly membership fee as described in
Section 3, below, and Your consent to the terms of this Agreement, as well as the Privacy
Policy, the terms of which are hereby incorporated into this Agreement by reference,
We shall provide all of the services offered in the Platform, herein referred to as the
"Services," to You, for the duration of Your access to the Platform under the terms of
this Agreement. Accordingly, You hereby agree and acknowledge that You have
read, understood, and consent to be bound by all of the terms of this Agreement
and of the Privacy Policy, and that You recognize and agrees that You are entering
into a legally binding contract, the terms of which may affect Your legal rights and
obligations.
2.Conditions of Use
As a condition to Your use of the Platform, you must meet the following conditions:
a. You are 18 years of age or older, and have the legal capacity to enter into a contract, or You are the parent or legal guardian who is at least 13 years of age and You are entitled to, and agree to, be bound by this Agreement and to be liable for the actions of such minor child with respect to the Platform and Services.
b. You have paid the annual or monthly membership fee as provided for in the following Section.
c. You are not restricted, by law, under the terms of this Agreement, or by Us due to prior conduct, from entering this Agreement.
d. You are not Our competitor, You are not affiliated with any of Our competitors, and You are not entering into this Agreement with a purpose to compete with Us or to make any investigations or take other actions necessary to prepare to compete with Us.
e. You will retain only one account at a time.
f. You are not entering into this Agreement for or with a purpose to infringe any of Our intellectual property rights.
3. Payment Terms
a. By entering into this Agreement, You agree to pay the membership fee as described on the Platform. Such membership fee shall be paid upon entering this Agreement, and thereafter shall be paid annually or monthly on the anniversary date of joining the Platform, depending on which payment option You choose, unless You notify Us prior to such anniversary date of Your intent not to renew Your access to the Platform.
b. You acknowledge that the membership fee may be changed, in Our sole and complete discretion, at any time and without notice to You. Any change to the membership fee will not affect installments of your membership fee previously paid, but they can affect membership fees later paid for renewal on the anniversary date of Your initial payment.
c. YOU AGREE THAT THE ANNUAL OR MONTHLY MEMBERSHIP FEE IS A NON-REFUNDABLE, NON-PRORATABLE FEE. In the event of any termination of Your membership, whether by You or by Us, You agrees that You shall not be entitled to the refund or return of any portion of the annual or monthly membership fees previously paid by You.
d. You agree that annual or monthly payment of the membership fee will be made by Your credit card; accordingly, You grant to Our merchant services provider (herein the "Administrator") permission to charge Your credit card for the annual or monthly membership fee determined herein and to retain Your credit card information until such time that You terminate Your use of the Platform.
e. Renewals of Your use of the Platform will be made by automatically charging the annual or monthly membership fee to Your credit card on the anniversary date.
4. Your Rights
a. By registering to use the Platform, You will be allowed to reserve a unique User Name, which will remain to be exclusively reserved for You until such time that Your use of the Platform is terminated for any reason. Upon termination of Your use of the Platform, You recognize that Your User Name shall become available to other users and will no longer remain exclusively reserved for You, even if You later elect to again register to use the Platform.
b. In exchange for paying the annual or monthly membership fee to Us, We grant to You a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access such content of the Platform as is made available to the users of the Platform.
5. Your Intellectual Property
a. All information provided by You to register for the Platform, including, but not limited to, Your name, address, and contact information provided to Us, and credit card information provided to Administrator (herein "Your Intellectual Property") will remain the property of the User, and We shall not be granted any ownership rights in the Your Intellectual Property.
b. The use of Your Intellectual Property by Us, or by the Administrator for purposes of processing payment of the annual or monthly membership fee, shall be limited to such uses as indicated in the Privacy Policy, the terms of which are separately stated in such Privacy Policy.
c. Any and all information shared by You on the Platform in which You have an ownership right (which does not include content publicly accessible elsewhere on the internet or in any other medium) shall remain Your property. However, by sharing such information on the Platform, You agrees to grant to Us a nonexclusive, transferrable, sublicenseable, royalty-free, worldwide license to publish such content to be viewed and used by other users of the Platform. You agree that such license shall continue even after any termination of Your use of the Platform, except to the extent 1.) You delete such information prior to termination of Your use of the Platform; 2.) We delete such information by Our own initiative; and/or 3.) You request that We delete such information, either prior to or after termination of Your use of the Platform, such request to be complied with by Us within a commercially reasonable time period.
d. You acknowledges that any and all information shared by You on the Platform will be available to other users of the Platform, and that the nature of this availability may result in such users using or appropriating the information shared by You. YOU AGREE THAT, BY POSTING ANY INFORMATION ON THE PLATFORM, THAT WE WILL NOT BE RESPONSIBLE FOR ANY INFRINGEMENT OR DAMAGES CAUSED BY THE USE OR APPROPRIATION OF YOUR INFORMATION SHARED ON THE PLATFORM BY OTHER USERS OF THE PLATFORM, AND THAT YOU WILL IN NO WAY HOLD US LIABLE FOR ANY SUCH INFRINGEMENT OR DAMAGES. You acknowledge that, if You do not wish for certain information to be subject to use or appropriation by the other users of the Platform, You should refrain from sharing such information on the Platform.
6. Our Intellectual Property Rights
a. By registering to use the Platform, You shall have access to Our intellectual property. You agree that, by registering to use the Platform, You shall be granted no rights in or to the intellectual property of Us, including, but not limited to, the Our name, any trademarks or copyrights associated with or owned by Us, the domain name, any and all logos associated with, owned or used by Us, and such content as may be provided on the Platform in which We have any ownership rights.
b. You agrees that You shall in no way at any time appropriate, or use to Your commercial advantage, or make available to a third party for such third party's appropriation or use for the third party's commercial advantage, Our intellectual property. In the event that You violate this provision, We reserve the right to terminate Your access to the Platform, as well as the right to pursue any and all legal and equitable remedies against You. This provision shall survive the termination of this Agreement and/or the termination of Your registration with the Platform.
7. Your Obligations
You agree to abide by the following obligations, and You acknowledges that We reserve the right to terminate Your use of the Platform for violation of any of the following obligations:
i. You shall not grant access to the Platform, or allow the use of Your User name and password, to any other person.
ii. You shall not use the Platform for purposes of advertisement, solicitation, pyramid schemes, or any other activity intended for Your commercial gain.
iii. You shall not use the Platform for the purposes of intimidation, harassment, bullying, or to impugn the character of any person, including but not limited to current and future users.
iv. You shall not access or use the Platform, post content to the Platform, or send information to users via e-mail or private message, by any automated means, including, but not limited to, spiders, webcrawlers, e-mail blasting programs, or bots.
v. You shall not use the Platform for the purpose of sharing, transmitting, posting, or causing other users to download any content containing viruses or malicious code.
vi. You shall not use the Platform for the purpose of sending to other users, spam messages, or any other unsolicited messages which are not related to the purposes of the Platform articulated therein or anywhere else.
vii. You shall not use the Platform for the purpose of committing identity theft or for phishing, soliciting, or fraudulently obtaining another user's information, including, but not limited to, such user's name, address, contact information, social security number, account or credit card numbers or information, or any other identifying information.
viii. You shall not access the Platform with the intention to hack into, reverse engineer, or decompile the programming or code of the web pages associated with the Platform, or with any purpose other than those which are consistent with the purposes of the Platform articulated therein.
ix. You shall not share with other users, post content, or take any other action in connection with use of the Platform which infringes the intellectual or other property rights of any person, including Us, current and future users, and any other third parties and, should We be held liable for any such infringement by You, You agree to indemnify Us for any and all damages We may incur. This right of indemnification shall survive the termination of this Agreement, and/or termination of your Use of the Platform.
x. You shall not use the services to collect, and/or publish, the personal information of other users without their prior written consent provided to You. Such consent must be provided through a medium other than the Platform.
xi. You shall not use the services to post content which is pornographic, profane, intended for mature audiences, discriminatory, or content which advocates unlawful behavior, violence, overthrow of the U.S. Government, or any other content which is inappropriate for the purposes of the Platform.
xii. You shall not access or use the Platform in any manner which is inconsistent with the nature or purposes of the Platform stated therein.
8. Our Obligations
a. We will make commercially reasonable efforts to maintain access to the Platform on a twenty-four hour a day, seven day a week basis; however, the You acknowledges and accepts the likelihood of periodic outages, both planned and unplanned by Us.
b. We retains the right, at any time, to restrict access to the Platform to some or all users for any purpose (herein a "planned outage") including, but not limited to, routine or special maintenance, investigation of localized or widespread posting of content which violates this Agreement, investigation of potential hacking of the Platform, phishing by users, or preventative measures to prevent potential violations of this Agreement by a user or users. In the event of a planned outage, We will make reasonable efforts to post notification of such planned outage on the Platform.
c. In the event of any outage which prevents You from accessing the Platform for any period of time, You agrees that such outage will in no way entitle You to any refund or proration of Your annual or monthly membership fee.
d. We retain the right to monitor the actions of users and delete any content posted by users which violates the terms of this Agreement; however, in no event will We be obligated to monitor and delete any such content. Accordingly, You agrees that We will in no way be liable for any damages caused to You by the actions of other users or any content posted by other users.
e. We represent that We have, and will continue to have, the requisite authority and power to execute, perform, and deliver Our obligations under this Agreement, and that We will comply with all applicable laws, rules, and regulations in delivering the Platform and performing Our obligations hereunder.
9. Termination of Use of Platform
a. We reserve the right to terminate Your use of the Platform in the event You violate any of the terms of this Agreement or of the Privacy Policy.
b. You may terminate Your use of the Platform at any time for any reason.
c. In the event of the termination of Your use of the Platform hereunder, You agree that You shall not be entitled to any refund or proration of Your annual or monthly membership fee previously paid to Us.
d. In the event of the termination of Your use of the Platform hereunder, this Agreement shall terminate, and You will retain no rights and will be released from all obligations hereunder, except for those terms which expressly survive the termination of this Agreement.
10. DISCLAIMER AND LIMITATION ON LIABILITY
a. WE SHALL DELIVER THE PLATFORM "AS IS" AND "AS AVAILABLE," AND WE SHALL INCUR NO LIABILITY FOR ANY DAMAGES CAUSED BY AN INTERRUPTION IN THE PLATFORM. WE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE PLATFORM PROVIDED HEREUNDER, THE AVAILABILITY OF THE PLATFORM, ANY CONTENT POSTED ON THE PLATFORM BY US OR BY A USER. FURTHER, WE MAKE NO GUARANTEES RELATING TO ACCESSIBILITY OF THE PLATFORM, OR COMPATIBILITY OF THE PLATFORM WITH YOUR CURRENT HARDWARE AND/OR SOFTWARE, AND YOU UNDERSTAND THAT YOUR ANNUAL OR MONTHLY MEMBERSHIP FEE SHALL NOT BE REFUNDABLE IN THE EVENT OF YOUR INABILITY TO ACCESS THE PLATFORM.
b. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE PLATFORM, OR ACCESS TO THE PLATFORM, HOWEVER CAUSED AND ARISING UNDER ANY THEORY OF LIABILITY INCLUDING CONTRACT, STRICT LIABILITY, AND/OR TORT, EVEN WHERE WE HAVE BEEN ADVISED BY YOU OF THE POSSIBILITY OF SUCH DAMAGES OR WHERE THE NATURE OF SUCH DAMAGES CAN BE REASONABLY FORESEEN BY US. YOU AGREE AND ACKNOWLEDGE THAT THERE IS RISK INHERENT IN THE SPORT OF GOLF AND USE OF THE PLATFORM, AND YOU HEREBY ASSUME ANY AND ALL SUCH RISK WHICH MAY ARISE THROUGH THE USE OF THE PLATFORM, THE PRACTICE OR IMPLEMENTATION OF ANYTHING POSTED ON THE PLATFORM, OR THROUGH COMPETITION WITH OTHER USERS OF THE PLATFORM. YOU ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THIS LIMITATION ON LIABILITY. IN THE EVENT THAT THIS LIMITATION ON LIABILITY IS UNENFORCEABLE FOR ANY REASON IN ANY JURISDICTION, OUR LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES CONTEMPLATED HEREIN SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH JURISDICTION. IN NO EVENT SHALL OUR LIABILITY HEREUNDER EXCEED THE ANNUAL OR MONTHLY MEMBERSHIP FEE PAID BY THE YOU, AND THIS SECTION STATES OUR ENTIRE LIABILITY.
c. WE WILL IN NO EVENT BE LIABLE FOR ANY DAMAGES INCURRED BY YOU, DIRECTLY OR INDIRECTLY, WHICH ARE CAUSED IN ANY WAY BY THE OTHER USERS OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, DAMAGES CAUSED TO YOU BY THE CONTENT POSTED BY ANY USER, OR DAMAGES STEMMING FROM ANY COMMUNICATIONS OR CONTACT BETWEEN YOU AND ANOTHER USER. FURTHER, YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FOR ANY LIABLITY WHICH WE MAY INCUR, IN WHOLE OR IN PART, AS A RESULT OF YOUR ACTIONS, EVEN WHERE YOU ARE ACTING IN CONJUNCTION WITH ANY OTHER USER(S) OR THIRD PARTIES, AND YOU AGREE THAT YOU SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY AND ALL LAIBILITY WHICH WE INCUR AS A RESULT OF THE ACTIONS OF YOU AND ANY OTHER USER HEREUNDER.
11. Governing Law, Venue, and Attorney's Fees
a. This Agreement shall be governed by the laws of the State of Colorado (without regard to its conflict of laws provisions that would require the application of the laws of a jurisdiction other than the State of Colorado). By entering into this Agreement, You irrevocably consent to venue and jurisdiction on the state and federal courts in the county of Douglas, State of Colorado.
b. In the event of a dispute arising out of this Agreement, the prevailing party shall be entitled to reimbursement of reasonable attorney's fees and court costs.
12. Miscellaneous Provisions
a. In the event any provision of this Agreement is deemed unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
b. We reserves the right, at any time, to amend, revoke, or modify any provision of this Agreement or the Privacy Policy, or the Agreement and/or Privacy Policy in their entirety, without notice to You. In the event of any such amendment, revocation, or modification, We reserves the right to require that, as a condition to Your continuing use of the Platform, You consent to any new or modified terms of this Agreement, or of any new User Agreement or Privacy Policy intended to replace this Agreement or the Privacy Policy and, in the event You do not consent to such changes, Your access to the Platform may be terminated. Any such termination of Your access to the Platform shall in no event grant You any right to a refund or proration of any annual or monthly membership fee previously paid.
c. This Agreement shall be binding on You and Us, and the legal representatives, successors, and assigns of You and Us. You shall not be entitled to in any way sublicense, assign, or transfer Your rights and/or obligations under this Agreement. We may, in Our discretion, sublicense or assign Our rights and/or obligations under this Agreement to any third party at any time. Except as otherwise provided under this paragraph, there shall be no third-party beneficiaries to this Agreement.
d. Any notice relating to the performance of this Agreement or the Platform shall be delivered to You by posting on the Platform. You may provide notice to Us at the e-mail address provided on the Platform.
e. In no event shall any failure by Us to enforce any provision of this Agreement be deemed a waiver of such provision or of any of the other terms of this Agreement.
