Terms and Conditions — Golf Survival Guide - TEE TO GREEN Online Membership
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
These Terms and Conditions (these “Terms”) and any documents referenced here contain all of the terms and conditions that apply to purchases of TEE TO GREEN Online Membership (the “Services”) described on this Internet website (the “Site”) by you (“you” or “Customer”) from The Media Game, LLC ("TMG"). By clicking “I accept” Customer agrees to be bound by and accepts these Terms. If you do not agree to be bound by all of these Terms, please do not use or access this Site. We reserve the right to cancel your membership, without refund of any moneys paid, should you violate any of these Terms.
These Terms may change without prior notice at any time, in TMG's sole discretion, including, but not limited to, the Services price, descriptions, and other e-commerce related information and/or functionality. TMG reserves the right, its sole discretion, to discontinue the Site or Services and/or modify the contents of the Site. You agree that TMG will not be liable to you for any such discontinuance or modification of the Site or the Services.
SERVICES
As used here, “Services” shall mean any and all goods, services, and/or information offered or communicated via this Site. These Services include, but are not limited to, communications, data, statements and information regarding golf; golf performance training and any other consultation, instruction or advice.
AUTHORIZED USE
TMG grants you a limited license to access and make personal use of the Site for legal purposes and uses and that are otherwise permitted by these Terms. Other than page caching, you are not authorized to download or modify the Site or any portion of it. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. You are also prohibited from using the Site in any way that restricts or inhibits any other Site user from using or enjoying the Site.
If you use the Site, you agree to accept responsibility for all activities that occur under your account or password. TMG and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Memberships are non-transferable and may not be shared. You agree to (a) maintain all equipment necessary for your access to and use of the Site; (b) maintain the security of your user identification, password, and any other confidential information relating to your TEE TO GREEN Online Membership account; and (c) take responsibility for all charges resulting from use of your TEE TO GREEN Online Membership account, including unauthorized use prior to your notifying TEE TO GREEN Online Membership of such unauthorized use and taking the legal steps to prevent its further occurrence by contacting us to change your password.
You may not frame or utilize any framing techniques to enclose any TMG trademark, logo, or other proprietary information (including images, text, page layout, or form). You may not use any metatags or any other hidden text utilizing TMG's name or trademarks. Any unauthorized use terminates the permission or license granted by TMG.
Unless otherwise authorized in writing by TMG, no user or other third-party is authorized to deep link to any web page contained in the Site (i.e., no links are permitted under any circumstances from third-party web sites to any page of the TEE TO GREEN Online Membership Site other than the TEE TO GREEN Online Membership Site home page). Such links are expressly prohibited. In addition, no Customer or third-party may link to the TEE TO GREEN Online Membership home page in such a manner as to create a reasonable possibility or likelihood of confusion by users of the third-party website as to the true ownership or sponsorship of the TEE TO GREEN Online Membership Site and/or as to the existence or lack thereof of some affiliation or other relationship between TMG and the third-party and/or its website.
You agree that you will not upload, post, e-mail, or otherwise transmit to the Site or to any other User any messages, programs, or other materials (including but not limited to Trojan Horses, viruses, worms, and the like) that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment.
WARRANTIES
NEITHER TMG NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS EXPRESSLY STATED HEREIN, THE SERVICES ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED.
LIMITATION OF LIABILITY
TMG SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD-PARTY ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, ANY INFORMATION CONTAINED AT THE SITE THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. UNDER NO CIRCUMSTANCES SHALL TMG OR ANY OF ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS OR ASSIGNEES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE SITE, EVEN IF TMG IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TMG'S LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. TMG WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE IN WHOLE OR IN PART TO ANY CAUSE BEYOND TMG'S REASONABLE CONTROL INCLUDING, BUT NOT LIMITED TO, STRIKES, RIOTS, WARS, FIRES, ACTS OF GOD OR ACTS OF COMPLIANCE WITH ANY LAW OR REGULATION.
NOTE THAT SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE TWO PRECEDING PARAGRAPHS.
ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU.
HEALTH DISCLAIMER AND RELEASE
This Site provides golf training, physical training, and other information, applications, and content published over the Internet and is intended only to assist users in their personal sports efforts. TMG is not a medical organization and cannot give you medical advice or a medical diagnosis. The information presented on this Site is in no way intended as medical advice or as a substitute for professional medical advice, diagnosis or treatment. There is a risk of injury from participation in sporting events and other strenuous physical activity, including the potential for permanent paralysis, other serious injury, and/or death. YOU KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS of participation in any activity or fitness program set forth at the Site. YOU AGREE THAT TMG AND/OR ANY OF ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS OR ASSIGNEES (THE “RELEASED PARTIES”) SHALL NOT BE LIABLE for any claims, demands, injuries, damages, actions, or causes of action that arise in whole or in part due to the negligence of the Released Parties, or any of them. FURTHERMORE, YOU FOREVER RELEASE AND DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, the Released Parties from and in relation to all claims, demands, injuries, damages, actions, or causes of action that arise from or relate in any way to your participation in any activity or regimen set forth at the Site. YOU FURTHER WARRANT AND CERTIFY that you have no health conditions or defects that would prevent you from participating safely in any activity or regimen set forth at the Site, that you have consulted and been cleared by a medical doctor in relation to such participation, and that you are otherwise sufficiently fit and healthy to so participate.
The Site is not intended for use by pregnant women, or individuals with any type of health condition. As are all users, such individuals are specifically warned to seek professional medical advice prior to initiating any form of sports training, physical training, or exercise regimen. TMG reserves the right to refuse or cancel your membership due to certain medical conditions.
THIRD-PARTY CONTENT
This Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively "Content"). TMG does not control the Content supplied by parties other than TMG. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties and not by TMG are those of the respective authors or distributors and not of TMG. Neither TMG nor any third party, including any Provider, or any user of the Site, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Site represents the opinions and judgments of the respective Provider or User not under contract with TMG. TMG neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site by anyone other than authorized TMG employees. Under no circumstances shall TMG be liable for any loss, damage or harm caused by a Customer's reliance on information obtained through the Site. It is the responsibility of a Customer to evaluate the information, opinion, advice or other Content available through the Site.
LINKS TO OTHER SITES
The Site may reference or link to third-party sites throughout the Internet. TMG has no control over these third-party sites or the content within them. TMG cannot and does not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. TMG does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. TMG does not assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. If you choose to link to or use a third-party website, you should carefully review such third party's privacy statement and other terms and conditions of use. By using the Site to search for or link to another third-party site, you agree and understand that you may not make any claim against TMG for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless TMG, its directors, officers, employees, assignees, and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys fees, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of Your representations, warranties, or agreements hereunder; and/or (ii) arises out of Your negligence, willful misconduct, or other breach of this Agreement.
GOVERNING LAW
THESE TERMS AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. Customer hereby irrevocably and unconditionally consents to submit to the jurisdiction of the Commonwealth of Massachusetts for any litigation arising out of or relating to use of or purchase made through the Site (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Florida courts and agrees not to plead or claim in any Florida court that such litigation brought therein has been brought in an inconvenient forum.
PAYMENT TERMS
Payment must be received by TMG prior to TMG's acceptance of an order. Payment for the products is to be made by credit card at time of order and is not refundable. Orders are not binding upon TMG until accepted by TMG.
PARENTAL OR GUARDIAN PERMISSION
You must be 18 years or older or be between the ages of 13 and 18 and acting with your parent's or guardian's consent to purchase any product or service offered on or through the Site. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS SITE.
No information should be submitted to or posted on the Site by children under 13 without the consent of their parent or guardian. Unless otherwise disclosed during collection, TMG does not knowingly collect or provide any personally identifying information of children under 13 years of age, regardless of its source, for any purpose whatsoever. If TMG collects such information, the information will be deleted from the TMG's systems as soon as possible after notification thereof. We do not use any information collected from users under 13 for any marketing or promotional purpose whatsoever. We do not allow children under 13 to be listed in any member directories or to receive direct marketing communications from TMG.
We assume that if you are legally providing us with credit card information, you are an adult or are otherwise authorized to do so. In no event however, should you provide us with any information if you are under age 13. We're sorry, but you will need to ask your parent or guardian to make the purchase for you.
COPYRIGHTS and TRADEMARKS
Copyright © 2006 The Media Game, LLC This Site contains copyrighted material, trademarks and other proprietary information which may include text, software, photos, video, graphics, music and sound. TMG owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or expressly allowed herein, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of TMG. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any such ownership rights by downloading copyrighted material or otherwise using the Site. All rights are reserved.
MISCELLANEOUS TERMS
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions. TMG may assign its rights and obligations under these Terms, which will inure to the benefit of our successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under the Terms, will not be construed as a waiver of such party's right to assert or rely upon any such provision or right in that or any other instance.
ENTIRE AGREEMENT
This Agreement sets forth and contains the entire agreement with regard to the matters set forth herein between You and TMG. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between and among the parties.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY. I ACKNOWLEDGE THAT I HAVE RECEIVED VALUABLE CONSIDERATION IN RELATION TO MY EXECUTION OF THIS AGREEMENT, WHICH I UNDERSTAND TO BE A PREREQUISITE TO MY RECEIPT OF SERVICES. FINALLY, I UNDERSTAND THAT THIS AGREEMENT SHALL BE OF FULL FORCE AND EFFECT AS TO ANY AND ALL SERVICES I RECEIVE FROM THE RELEASED PARTIES, WITHOUT REGARD TO THE DATE OR TIMING OF SUCH SERVICE. I CERTIFY THAT, IF I AM UNDER 18 YEARS OF AGE, I HAVE CAUSED MY LEGAL GUARDIAN TO EXECUTE THIS FORM ALONG WITH ME.