Terms & Conditions

GOLFERS GUIDE WEB™

THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU AND GOLFERS GUIDE WEB, LLC.BY SIGNING A GOLFERS GUIDE WEB AUTHORIZATION FORM, YOU, PERSONALLY AND ON BEHALF OF ANY ENTITY YOU REPRESENT, AGREE AND ARE SUBJECT TO THE TERMS SET FORTH BELOW. You represent and warrant that you have the legal authority to bind the ENTITY OR ORGANIZATION that is to be the Customer hereunder and that you and the ENTITY OR organization you represent are not citizens, nationals, or residents of, and are not under control of, the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, or any country to which the United States has prohibited export. YOU FURTHER REPRESENT AND WARRANT THAT NEITHER YOU NOR THE ORGANIZATION YOU REPRESENT ARE listed on the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders. YOU UNDERSTAND AND ACKNOWLEDGE THAT, ONCE YOU SIGN THE AUTHORIZATION FORM, ANY FEES PAID UNDER THE TERMS OF THIS AGREEMENT ARE NON-REFUNDABLE AND NON-RETURNABLE.

Terms and Conditions of Service.

The terms “you” and “Customer” refer to the individual or, if applicable, legal entity (including its agents, employees, officers, directors and owners) identified in the registration information you provide to Golfer’s Guide Web.

Welcome to Golfer’s Guide Web, LLC (“Golfer’s Guide Web”). Your access and use of our Software and Services are subject to the following Terms and Conditions, including but not limited to the Golfer’s Guide Web Privacy Policy, as they may be amended from time to time.Both these Terms and Conditions and the Privacy Policy are available at www.golfersguideweb.com.

1. Software and Services.

1.1 Golfer’s Guide Web provides Software tools and/or Services to create, launch, and manage marketing campaigns.The Software provides individuals, corporations, small businesses, and communities the means to attract visitors to their web sites, collect and retrieve visitor sign-up data, and develop and execute simple interactive marketing communications with visitors.

1.2 The Software and Services are provided subject to these Terms and Conditions, and any operating and/or privacy policies that Golfer’s Guide Web may establish (such terms, conditions, and policies are referred to herein as the “Agreement”). Golfer’s Guide Web may modify or revise the Agreement at any time by updating the Terms and Conditions posting at www.golfersguideweb.com. Customer’s continued use of the Software and/or Services constitutes Customer’s acceptance of any such changes.

1.3 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not authorized to use the Services.

1.4 Customer agrees to provide true, accurate, current, and complete information about Customer as requested in the Authorization Form, and agrees to update the information as needed. Customer agrees to provide an email address and password for Customer’s Golfer’s Guide Web account. Customer is responsible for maintaining the security of the Customer account, password, and files, and for all uses of Customer’s account and of the Softwarein Customer’s name.Golfer’s Guide Web reserves the right to refuse a registration or to cancel an account as Golfer’s Guide Web in its sole discretion deems appropriate.

2. Restrictions and Responsibilities.

2.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software or any software, documentation, or data related to the Services or Software. Customer will not modify, translate, or create derivative works based on the Services or any Software, or copy (other than in connection with its authorized use of the Service or Software), distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party.

2.2 Customer acknowledges and agrees that Golfer’s Guide Web is the owner of all Intellectual Property rights associated with the Services and Software. Golfer’s Guide Web does not grant any rights to or ownership of the Services or Software to Customer by this Agreement. Customer is permitted to use the Services only as expressly authorized by Golfer’s Guide Web.

2.3. Customer further acknowledges that Golfer’s Guide Web retains all right, title and interest in the Services and Software and in all improvements, enhancements, modifications and derivative works of the Services and Software including all rights to patent, copyright, trade secret and trademark, regardless of the identity of the creating party.

2.4 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Golfer’s Guide Web’s privacy policies as published at www.golfersguideweb.com or as may otherwise be furnished to Customer (the “Policy”) and all applicable laws (including but not limited to applicable regulations and laws related to spamming, privacy, obscenity, and defamation).

2.5 Customer may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party unless Customer has the right to use such third party mailing lists. Customer hereby agrees to indemnify and hold harmless Golfer’s Guide Web against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys fees) in connection with any claim or action that arises from an alleged violation of the foregoing or any breach by Customer of this Agreement.

2.6 Although Golfer’s Guide Web has no obligation to monitor the content provided by Customer or Customer’s use of the Services, Golfer’s Guide Web may do so and may remove any such content or prohibit any use of the Services it believes may be (or that is alleged to be) in violation of the foregoing.

2.7 Customer acknowledges and agrees that an automatically generated identifying footer stating “Powered by Golfer’s Guide Web” or a similar message shall appear on every email message sent by Customer in connection with the Services.

2.8 During the Term of the Agreement and beginning after the Effective Date, Customer shall not use, license, sell, create, modify, distribute, support, maintain, or permit or assist others to use, license, sell, create, modify, distribute, support, maintain the Software or any similar product created by or for Customer or owned or controlled by Customer.Customer shall not license or disclose the Software to any person without an express written obligation imposed upon that person consistent with the terms of this section.Customer agrees that a monetary remedy for any breach of this Agreement would be inadequate, that Golfer’s Guide Web would be irreparably harmed in the event of such a breach, and that Golfer’s Guide Web may enforce this Agreement by specific performance and injunction.

3. Agreement Term.

3.1 This Agreement will become effective upon the date Customer signs and transmits (generally via fax) the Golfer’s Guide Web Authorization Form (the “Effective Date”). The Term of the Agreement (the “Term”) will commence upon delivery of the Golfer’s Guide Web solution to Customer. Upon delivery of the solution, Customer will have three (3) days to review the solution and respond in writing to Golfer’s Guide Web with any reasonable corrections or changes that are within the scope of the Solution. If there are no changes or corrections, the solution will be deemed accepted after the three (3) day review period has expired.If there are changes or corrections, the solution will be deemed accepted the day Golfer’s Guide Web completes the changes or corrections; such completion will be determined at Golfer’s Guide Web’s sole discretion.

3.2 The Term of this Agreement will be for thirty-six (36) months unless otherwise agreed.Customer may terminate this Agreement or reduce the number of licenses, effective upon the expiration of the Term, by notifying Golfer’s Guide Web in writing at least thirty (30) days prior to the expiration of the Term. Absent such written termination notice, and upon expiration of the Term, the Agreement will automatically renew for a rolling ninety (90) day Renewal Term (the “Renewal Term”).Customer may terminate the Agreement during the Renewal Term by notifying Golfer’s Guide Web in writing, which will set the expiration date of the Renewal Term ninety (90) days from the date of written notification.

3.3 In the event that Customer terminates this Agreement and is not in breach of this Agreement, Golfer’s Guide Web will make available to Customer a printed list of its Customer data within thirty (30) days of termination if Customer so requests at the time notice of termination is given. Golfer’s Guide Web reserves the right to impose a service fee in the event Customer requests an electronic file of Customer data.

3.4 Any breach of Customer’s payment obligations or unauthorized use of the Golfer’s Guide Web technology, Software or Services will be deemed a material breach of this Agreement. Golfer’s Guide Web, in its sole discretion, may terminate Customer’s password, account or use of the Services if Golfer’s Guide Web reasonably believes that Customer has breached or otherwise failed to comply with this Agreement. In addition, Golfer’s Guide Web may terminate an account if Customer does not first log on within thirty (30) days after registration or if ninety (90) days have passed since Customer last logged on.In addition, Golfer’s Guide Web may terminate the Agreement at any time, for convenience, at its sole discretion.

3.5 Customer agrees and acknowledges that Golfer’s Guide Web has no obligation to retain any Customer data after termination of this Agreement (but may, at its election, do so), and such information becomes Golfer’s Guide Web property and may be irretrievably deleted after thirty (30) days following termination.

4. Billing and Renewal.

4.1 Customer agrees to deliver first payment on the Effective Date of the Agreement.

4.2 Customer agrees to make payments on the first business day of each month, unless otherwise agreed in writing by the parties.

4.3 Golfer’s Guide Web charges and collects in advance for use of the Services and Software. Customer authorizes Golfer’s Guide Web to, and Golfer’s Guide Web will automatically charge Customer's credit card or EFT (or issue an invoice if Golfer’s Guide Web approves such an arrangement) for the initial Term fee(s), and Golfer’s Guide Web will thereafter automatically bill Customer's credit card or EFT (or issue an invoice to Customer) for Renewal Term fee(s). The renewal fee(s) will be equal to the then-current Software or Service fee in effect at the time of such Renewal.Unless otherwise agreed in writing, prices for Services and/or Software related to this Agreement are reflected on the Customer/s Authorization Form, and the fee for other services will be charged on an as-quoted basis. Golfer’s Guide Web's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Customer shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Golfer’s Guide Web's income.

4.4 Customer agrees to provide Golfer’s Guide Web with complete and accurate billing and contact information. This information includes Customer’s legal company name, street address, email address, and name and telephone number of an authorized billing contact and license administrator. Customer agrees to update this information within thirty (30) days of any change to it. If the contact information Customer has provided is false or fraudulent, Golfer’s Guide Web reserves the right to terminate this Agreement and/or Customer’s access to the Services in addition to any other legal or equitable remedies it may have.

4.5 For credit card payers, service fees shall accrue at the start of the initial Term, and Customer’s credit card will be charged at that time. If Customer has been approved for payment by invoice, invoices will be generated at the start of the initial Term, and thereafter approximately one month in advance of the start of any Renewal Term, and shall be due within thirty (30) days. Customer’s account will be considered delinquent (in arrears) if payment in full is not received within thirty (30) days of the date of the invoice.

4.6 If Customer believes that the bill is incorrect, Customer must notify Golfer’s Guide Web in writing within sixty (60) days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.

4.7 In addition to any other rights granted to Golfer’s Guide Web herein, Golfer’s Guide Web reserves the right to suspend or terminate this Agreement and Customer’s access to the Software if Customer’s account becomes thirty (30) days or more delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including attorney’s fees. Customer will continue to be charged service fees during any period of suspension. If Customer or Golfer’s Guide Web initiates termination of this Agreement, Customer will be obligated to pay the balance due on Customer’s account computed in accordance with the this Billing and Renewal section. Customer agrees that Golfer’s Guide Web may charge such unpaid fees to Customer’s credit card or otherwise bill Customer for such unpaid fees.

Golfer’s Guide Web reserves the right to impose a reconnection fee in the event Customer’s account is suspended and thereafter requests access to the Services. Customer agrees and acknowledges that Golfer’s Guide Web has no obligation to retain Customer data and that such Customer data may be irretrievably deleted if Customer’s account is 30 days or more delinquent.

5. Tee Time Policies.

To the extent that the Agreement involves marketing affiliate tee times, the following policies apply, unless otherwise agreed in writing (generally as a Trade Addendum). If payment is being made in trade: 1) trade terms will be adjusted each January 1 in the life of the agreement to adjust for rate changes or necessary alterations in restrictions or trade amounts and 2) set up fee is cash only (unless it is waived) and non refundable. Unless otherwise agreed in writing, tee times are for eighteen holes including cart and greens fee, and are marketed via Customer website and email database. Reasonable "blackout" days are available with compensating tee times that are comparable in time, rate, and day of week. Prices for such tee times are determined by Golfer’s Guide Web and/or its affiliates.

6. Warranty Disclaimer.

Software is provided by Golfer’s Guide Web on an “as is” and “as available” basis. Golfer’s Guide Web makes no representations or warranties of any kind, express or implied, as to the Software. To the full extent permissible by applicable law, Golfer’s Guide Web disclaims all warranties, express or implied, including but not limited to the implied warranty of non-infringement of third party rights, merchantability, or fairness for a particular purpose.

7. Internet Delays.

THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. GOLFER’S GUIDE WEB IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

8. Limitation of Liability.

IN NO EVENT SHALL GOLFER’S GUIDE WEB’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF THE PARTY FROM WHOM DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Export of Services or Technical Data.

Customer may not remove or export from the United States or allow the export or re-export of the Software, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.

10. Notice.

Golfer’s Guide Web may give notice by means of an update to this posting, a general notice on the Golfer’s Guide Web website, electronic mail to Customer’s email address on record in Golfer’s Guide Web’s account information, or by written communication sent by first class mail or pre-paid post to Customer’s address on record in Golfer’s Guide Web’s account information. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). Customer may give notice to Golfer’s Guide Web (such notice shall be deemed given when received by Golfer’s Guide Web) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Golfer’s Guide Web at the following address: Golfer’s Guide Web, 33 Office Park Rd. Building A, Hilton Head Island, SC 29928, addressed to the attention of: Billing Department.

11. Miscellaneous.

11.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

11.2 Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.

11.3 No agency, partnership, joint venture, or employment is created as a result of this Agreement, and Customer does not have any authority of any kind to bind Golfer’s Guide Web in any respect whatsoever.

11.4 In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys fees.

11.5 This Agreement shall be governed by the laws of the State of Texas without regard to its conflict of laws' provisions. Exclusive venue for any litigation related hereto shall occur in Travis County, State of Texas.

11.6 Golfer’s Guide Web reserves the right to modify its pricing and will notify Customer by email when this occurs.

11.7 Neither party has the right to assign this Agreement without the written consent of the other.

11.8 Customer understands and agrees to the Terms of this Agreement. By clicking the “LOGIN” button, you are representing your approval and acceptance, and are entering into the Agreement.