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These Terms and Conditions were last updated on March 15, 2008.
CardCaddie Golf, Inc. (herein referred to as “CardCaddie Golf”, “we”, “us”, or “our”) provides and makes available the Products (as defined below) subject to these Terms and Conditions. Please read these Terms and Conditions carefully. By accessing or using any Products, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
If you do not wish to be bound by these Terms and Conditions, you are not authorized to use the Products.
For purposes of these Terms and Conditions, the term "Products" means CardCaddie Golf's Software (as defined herein), whether preinstalled, on a medium, or offered by download, or available via the web, and all documentation related thereto, CardCaddie Golf's services, websites (including, without limitation, those web sites accessible via the following URL: http://www.cardcaddiegolf.com/), all other software, features, tools, web sites, and services provided by or through CardCaddie Golf and CardCaddie Golf's third-party vendors and all content made available by CardCaddie Golf and/or its vendors and licensors including by or through the CardCaddie Golf websites, products and services (the “CardCaddie Golf Content”).
CardCaddie Golf may change the Terms and Conditions at any time and in its sole discretion. The modified Terms and Conditions will be effective immediately upon posting and you agree to the new posted Terms and Conditions by continuing your use of the Products. CardCaddie Golf will provide at least 30-days' notice before any material changes take effect. If you do not agree with the modified Terms and Conditions, your only remedy is to discontinue using the Products and cancel your registration.
The Products are intended for general audiences thirteen years of age and older. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms and Conditions. Some Products may require the user to register and provide information to CardCaddie Golf, such as mobile telephone number, name, e-mail address, gender, date of birth, zip code (the "Registration Information"). If you register for any Product, you agree to provide accurate and complete Registration Information and you agree to keep such information current.
By registering with or using Products, you consent to the collection and use of your personal information and the transfer of this information to the United States or other countries for the processing and storage by CardCaddie Golf. Additionally, you agree that CardCaddie Golf may use the registered mobile telephone number, or other similar technologies, to authenticate you on Products, help store your registration and transaction-related information, and enable you to take advantage of offerings from CardCaddie Golf and its affiliated providers.
You also agree that CardCaddie Golf may at times store all or part of your buddy list to enable certain buddy screen name dependent features. Additionally, you agree that CardCaddie Golf may download application information from the device running one or more Products for diagnostic, troubleshooting, and bug fixing purposes.
You are responsible for all activity made by you or anyone (including your family and friends) that you allow to use your CardCaddie Golf account and any Products registered in your name. You agree to keep confidential the passwords associated with your account. You agree to indemnify and hold harmless CardCaddie Golf for losses incurred by CardCaddie Golf or another party due to someone else using your account or password as a result of your failure to keep your account information confidential.
You are responsible for obtaining your own Internet access, and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Products, and all charges related thereto. Any mobile or fixed line telephone or other communications charges incurred by you to access or use Products are your responsibility. Also, your carrier, such as a wireless carrier, may charge service fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing, and other services that require the use of airtime and wireless data services. Check with your carrier to verify the fees that may apply to you.
You may use Products for lawful purposes only. You may not post on or transmit through community areas (e.g., bulletin boards, mblog pages, chat, e-mail, instant messaging products) or other means any material that (1) violates or infringes in any way upon the rights of others, (2) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (3) encourages conduct that would constitute a criminal offense, (4) gives rise to civil liability, (5) violates [any policies posted in any community areas] or (6) otherwise violates any law. You also may not undertake any conduct that, in CardCaddie Golf's judgment, restricts or inhibits any other user from using or enjoying the Products, including without limitation the community areas.
CardCaddie Golf is not required to pre-screen User Content available on the Products, including the content of any messaging that occurs on or through the Products, although CardCaddie Golf reserves the right to do so in its sole discretion. CardCaddie Golf is not liable for User Content. CardCaddie Golf reserves the right to remove User Content that, in its sole judgment, does not meet its standards or does not comply with these Terms and Conditions, but CardCaddie Golf is not responsible for any failure or delay in removing such material.
If User Content appears on any Product which you believe is illegal or which you believe invades your privacy, CardCaddie Golf encourages you to contact us at firstname.lastname@example.org. To allow us to consider such claims, please provide your full name, complete identification of the material complained of, any information known to you regarding the circumstances surrounding the material, an explanation of why you feel the material is illegal or is an invasion of your privacy, and a means for us to contact you. CardCaddie Golf will make a reasonable effort to consider your claim and provide a response that addresses the questionable User Content within five business days of receiving your communication. Information you provide during this process may be shared with third parties in pursuit of the questionable User Content and/or in any legal proceedings.
CardCaddie Golf respects copyright and other laws. CardCaddie Golf requires all users of Products to comply with copyright and other laws. CardCaddie Golf does not, by the supply of Products, authorize you to infringe the copyright or other rights of third parties.
As a condition of use of the Products, you agree that you must not use the Products to infringe the intellectual property or other rights of others, in any way. The unauthorized reproduction, distribution, modification, public display, communication to the public or public performance of copyrighted works is an infringement of copyright.
Users are entirely responsible for their conduct and for ensuring that it complies with all applicable laws, including, without limitation, copyright and data protection laws. In the event a user fails to comply with any such laws, such a user may be exposed to civil and criminal liability, including possible fines and imprisonment.
If you believe that your work or the work of another has been copied and is accessible on an Product in a way that constitutes copyright infringement, please contact CardCaddie Golf at email@example.com. In your email you must provide the following information:
Upon receiving your complaint, CardCaddie Golf may remove or stop distributing and/or making available User Content and/or CardCaddie Golf Content that you believe infringes your copyright. In addition, CardCaddie Golf may terminate the account of the customer who appears to be infringing your intellectual property rights.
CardCaddie Golf, its vendors and Product users who lawfully post or otherwise make available for distribution content such as information, software, games, communications, photos, video, graphics, music, sound and other materials ("User Content") on Products own the property rights to that User Content.
User Content and CardCaddie Golf Content may be protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and CardCaddie Golf Content also may have security components that protect digital information only as authorized by CardCaddie Golf or its vendors. You agree that you will not take any action to interfere with CardCaddie Golf's or its vendors' and/or licensors' ownership of or rights in the CardCaddie Golf Content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the CardCaddie Golf Content.
You may use CardCaddie Golf Content only for personal, non-commercial purposes. You may be given the opportunity to download certain User Content and/or CardCaddie Golf Content such as music and photos, but you may do so only to the extent as authorized for that particular CardCaddie Golf Content and only for your personal noncommercial use. You may not use the User Content and/or CardCaddie Golf Content in a manner that exceeds the rights granted for your use of the Content, which includes unauthorized copying or distribution of the User Content and/or CardCaddie Golf Content or creating an unauthorized derivative work of the same.
You may only post or otherwise make available for distribution User Content that you created or which the owner of the User Content has given you. You may not post or otherwise make available for distribution User Content that is illegal or that violates these Terms and Conditions. By posting or submitting User Content on any Product, you represent and warrant that (i) you own all the rights to this User Content or are authorized to use and distribute this User Content on the Product and (ii) this User Content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.
Although you or the owner of the User Content retain ownership of all right, title and interest in Content that you post to any Product, CardCaddie Golf owns all right, title and interest in any compilation, collective work or other derivative work created by CardCaddie Golf using or incorporating this User Content. In addition, by posting or otherwise making available User Content on an Product, you grant CardCaddie Golf, its parent, affiliates, subsidiaries, assigns, agents and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, excerpt, adapt, modify to the extent necessary to make available and/or compatible with a mobile handset, and promote all or any portion of such User Content in any medium. You waive any right to privacy in all such User Content. You waive any right to inspect or approve uses of any such User Content or to be compensated for any such uses.
All trademarks appearing on the Products (the “Trademarks”) are the property of their respective owners, including, without limitation, CardCaddie Golf. Nothing within the Products shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Products, without the prior permission of CardCaddie Golf or the applicable third party Trademark owner, for each specific use. The Trademarks may not be used to disparage CardCaddie Golf and/or the applicable third party rights holder, any of their products or services, or in any other manner which in our reasonable judgment, may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any other website is prohibited unless establishment of such a link is approved in advance by CardCaddie Golf in writing. All goodwill generated from the use of any CardCaddie Golf Trademarks inures to our benefit.
The CardCaddie Golf logo are registered trademarks of CardCaddie Golf, Inc. Third party trademarks, trade names, product names, and logos may be trademarks or registered trademarks of their respective owners.
You may not use Products including communication tools such as e-mail, instant messaging, bulletin boards, and chat services to send unsolicited bulk communications, including through e-mail or instant messages. Similarly, you may not authorize others to use your account or sub-accounts to send unsolicited bulk communications, or cause unsolicited bulk communications to be sent by someone else. You may not harvest or collect information about Product users including mobile telephone numbers, and use that information for the purpose of sending unsolicited bulk communications. Any violation of these provisions may result in immediate termination of your registration and further legal action. You agree that CardCaddie Golf may take any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within CardCaddie Golf's customer base.
CardCaddie Golf has the right at any time to change, modify, add to, suspend, or discontinue or retire any aspect or feature of the Products including, but not limited to, the software, community areas, Content, hours of availability, equipment needed for access or use, the maximum disk space that will be allotted on CardCaddie Golf servers on your behalf either cumulatively or for any particular service or the availability of Products on any particular device or communications service. CardCaddie Golf has no obligation to provide you with notice of any such changes.
The following license applies only to Software (as defined below) for which a separate license is not required at the time of download and/or use. CardCaddie Golf and its vendors grant you a personal, non-exclusive, non-transferable limited license to install the software and services distributed by CardCaddie Golf (including all software and services provided by a third-party vendor for CardCaddie Golf) in object code form only on a computer or device from which you access the Products, including all upgrades thereto provided and/or made available by CardCaddie Golf and/or a third-party vendor (collectively, the "Software") and to use the Software for the sole and exclusive purposes of connecting to and using the Products in accordance with these Terms and Conditions. You may not sub-license, or charge others to use or access the Software without first obtaining written permission from CardCaddie Golf. CardCaddie Golf occasionally may provide automatic upgrades, along with scanning and related services to improve your online experience although these upgrades may not be consistent across all platform and devices. You agree to accept and to take no action to interfere with such automatic upgrades, scanning, and related services.
You may not sell, assign, grant a security interest in or otherwise transfer any right in the Software or incorporate it (or any portion of it) into another product. You may not copy the Software. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Software. You may not modify the Software or use it in any way not expressly authorized by these Terms and Conditions. You may not obtain the communications protocol for accessing the Products, or any other CardCaddie Golf services. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph. You understand that CardCaddie Golf's introduction of various technologies may not be consistent across all platforms and that the performance and features offered by CardCaddie Golf may vary depending on your mobile telephone make and model, computer and other equipment.
You may access Products only through the interfaces and protocols provided or authorized by CardCaddie Golf. You agree that you will not access Products through unauthorized means, such as unlicensed software clients, and that you will only use Products in conjunction with CardCaddie Golf's authorized products and components.
The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth herein.
The web sites through which the Products are made available is based in Waltham, MA, USA. We make no claims concerning whether the Products may be downloaded and/or used outside of the United States. If you access the Products from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Products to countries or persons prohibited under the export control laws. By downloading the Products, you expressly agree that (i) you are not in a country to which the export of the Products would be prohibited and (ii) you are not a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export or re-export of the Products.
Third parties may offer from time to time, products, applications or services (collectively, the “Third Party Applications”) to access Products. Your use of such Third Party Applications will be at your own risk and subject to the terms and conditions of those third-parties. CardCaddie Golf does not represent and warrant that access and use of Products through these Third Party Applications will be compatible, uninterrupted, error free, without defects or that you will be able to access the Products at all times and locations of your choosing. You also agree that CardCaddie Golf is under no obligation to provide you with any error corrections, updates, upgrade, fixes and/or enhancements to make Products accessible through these Third Party Applications.
Products may contain links to other web sites, resources and advertisers, which are not under the control of CardCaddie Golf. CardCaddie Golf is not responsible for the availability of these external sites nor does it endorse, or is it responsible for, the contents, changes, updates, aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such external sites. Under no circumstances shall CardCaddie Golf or any of the affiliated providers be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance on any content, goods or services available on such external sites. You should direct any concerns to such external sites' administrator or webmaster. CardCaddie Golf, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply that CardCaddie Golf, Inc. endorses or accepts any responsibility for the content on such third party sites.
DISCLAIMER OF WARRANTIES. YOUR USE OF THE PRODUCTS AND THE USER CONTENT IS AT YOUR SOLE RISK. THE PRODUCTS AND/OR USER CONTENT ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, CARDCADDIE GOLF, ITS AFFILIATES, THEIR RESPECTIVE OFFICES, EMPLOYEES, AGENTS, VENDORS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “CARDCADDIE GOLF PARTIES”) HEREBY DISCLAIM IMPLIED WARRANTIES THAT THE PRODUCTS AND/OR USER CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. THE CardCaddie Golf PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCTS AND/OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCTS AND/OR USER CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCTS AND/OR USER CONTENT WILL BE CORRECTED. THE CardCaddie Golf PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS AND/OR USER CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE CardCaddie Golf PARTIES DO NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE PRODUCTS AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT CardCaddie Golf WILL HAVE ADEQUATE CAPACITY FOR THE PRODUCTS AND USER CONTENT AS A WHOLE.
LIMITATION OF LIABILITY. THE CardCaddie Golf PARTIES' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH CardCaddie Golf (INCLUDING WITHOUT LIMITATION YOUR USE OF THE PRODUCTS AND/OR USER CONTENT) IS TO DISCONTINUE YOUR USE OF THE PRODUCTS AND USER CONTENT. THE CardCaddie Golf PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE PRODUCTS AND/OR USER CONTENT OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH PRODUCTS AND/OR USER CONTENT. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE CardCaddie Golf PARTIES HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE CardCaddie Golf PARTIES IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. CardCaddie Golf DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH PRODUCTS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
You agree to defend, indemnify and hold harmless the CardCaddie Golf Parties from and against all claims and expenses, including attorneys' fees, arising out of your use of the Products. CardCaddie Golf shall provide notice to you of such claim and shall assist you, at your expense, in defending any such claim. CardCaddie Golf reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with any reasonable request in assisting CardCaddie Golf in the defense of such matter.
CardCaddie Golf has the right to terminate your account, the license granted to you hereunder, and/or your access to Products at any time and for any reason, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms and Conditions (either directly or through breach of any other terms and conditions or operating rules applicable to you). CardCaddie Golf may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Products.
CardCaddie Golf may from time to time give you the opportunity to purchase or subscribe to products and premium services (collectively, "Premium Services"). You agree that your purchase or subscription of any Premium Service may be subject to additional terms and conditions that will supplement this agreement.
Any trial promotion (such as free trial time or trial access to a Premium Service) must be used within the specified time of the trial. You must cancel your account before the end of the trial period to avoid being charged a membership fee. Please note, however, that even during any free trial or other promotion, you will still be responsible for any purchases and surcharges incurred using your account and that you remain responsible for any telecommunications charges or internet access charges that you may incur while you use a Premium Service.
You must select a payment method to pay for your fees for any Premium Service and for all purchases made from Products. You must give CardCaddie Golf accurate billing and payment information and keep this information up-to-date. You agree to pay CardCaddie Golf for all charges incurred under your account, including all applicable taxes, fees and surcharges, regardless of whether such charges were incurred by you or someone else using your account. You authorize CardCaddie Golf to charge your designated payment method for these charges. If CardCaddie Golf does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by CardCaddie Golf or its operators along with interest and any applicable collections charges and you further agree that CardCaddie Golf may suspend your access to the Products until such time as full payment is received.
Every time you use an Product, you reaffirm that (i) CardCaddie Golf (or its designated vendor acting as CardCaddie Golf's billing agent) is authorized to charge your designated payment method; (ii) CardCaddie Golf may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges, even if your account is terminated.
You must notify CardCaddie Golf's customer service about any billing problems or discrepancies within 90 days after they first appear on your Account statement. If you do not bring them to CardCaddie Golf's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
Fees charged for subscription plans are nonrefundable and due in advance unless provided otherwise in your subscription plan. Under most monthly plans, your payment method will be charged automatically every month until such time that you cancel your subscription or CardCaddie Golf otherwise terminates your subscription. Also, under most subscription plans, CardCaddie Golf will automatically renew your subscription and charge your payment method until such time that you cancel your subscription or CardCaddie Golf otherwise terminates your subscription.
CardCaddie Golf transacts with its users electronically. WHEN YOU SIGN UP FOR ANY PRODUCT, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM CardCaddie Golf ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS (COLLECTIVELY, "NOTICES"). You agree that CardCaddie Golf generally can send you electronic Notices in either or all of the following ways: (1) to the e-mail address that you provided to CardCaddie Golf during account creation; (2) to the mobile telephone number that you provided to CardCaddie Golf during account creation, or (3) CardCaddie Golf may post Notices on a welcoming screen or top of the screen of the relevant Product. You agree that certain premium services may also have their own Notice procedures. You can retrieve an electronic copy and a printable version of the Terms and Conditions by clicking on the "Terms Conditions" link on the home page of http://www.cardcaddiegolf.com. The delivery of any Notice from CardCaddie Golf is effective when sent by CardCaddie Golf, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. Your only method of withdrawing consent to receive Notices electronically is to terminate any subscriptions, services or other products provided under these Terms and Conditions.
The provisions of these Terms and Conditions addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property, Premium Services and governing law shall survive the termination of these Terms and Conditions, your Premium Services and your registration or account with the Products.