AGREEMENT TO OUR LEGAL TERMS
We are SimplyGoodeGolf LLC ("Company," "we," "us,"
"our"), a company registered in Waldorf, Maryland, 20602 United States.
We operate the website http://www.simplygoodegolf.com (the "Site"),
as well as any other related products and services that refer or link to these
legal terms (the "Legal Terms") (collectively,
the "Services").
You can contact us by email at goodeteach1@simplygoodegolf.com, or
by mail to 4660 Crain Hwy, #671, White
Plains, MD 20695, United States.
These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an entity ("you"),
and SimplyGoodeGolf LLC, concerning your access to and use of the
Services. You agree that by accessing the Services, you have read, understood,
and agreed to be bound by all of these Legal Terms.
IF YOU DO NOT AGREE WITH
ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled
changes to the Services you are using. The modified Legal Terms will become
effective upon posting or notifying you
by goodeteach@simplygoodegolf.com, as stated in the email message. By
continuing to use the Services after the effective date of any changes, you
agree to be bound by the modified terms.
The Services are intended for users who are at least 18
years old. Persons under the age of 18 are not permitted to use or register for
the Services.
We recommend that you print a copy of these Legal Terms for your records.
1. OUR SERVICES
The information provided when using the Services is not
intended for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within
such jurisdiction or country. Accordingly, those persons who choose to access
the Services from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Services are not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA),
Federal Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use the Services.
You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights
in our Services, including all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics
in the Services (collectively, the "Content"), as well as
the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws
(and various other intellectual property rights and unfair competition laws)
and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal,
non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "
PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive,
non-transferable, revocable license to:
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access the Services; and
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download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal
Terms, no part of the Services and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior
written permission.
If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere in our Legal Terms,
please address your request to: darryl.goode@simplygoodegolf.com. If we
ever grant you the permission to post, reproduce, or publicly display any part
of our Services or Content, you must identify us as the owners or licensors of
the Services, Content, or Marks and ensure that any copyright or proprietary
notice appears or is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not expressly granted to you in and to
the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to
understand the (a) rights you give us and (b) obligations you have when you
post or upload any content through the Services.
Submissions: By directly sending us any
question, comment, suggestion, idea, feedback, or other information about the
Services ("Submissions"), you agree to assign to us all intellectual
property rights in such Submission. You agree that we shall own this Submission
and be entitled to its unrestricted use and dissemination for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to
you.
Contributions: The Services may invite you to
chat, contribute to, or participate in blogs, message boards, online forums,
and other functionality during which you may create, submit, post, display,
transmit, publish, distribute, or broadcast content and materials to us or
through the Services, including but not limited to text, writings, video,
audio, photographs, music, graphics, comments, reviews, rating suggestions,
personal information, or other material ("Contributions"). Any
Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other
users of the Services and possibly through third-party websites.
When you post Contributions, you grant us
a license (including use of your name, trademarks, and logos): By
posting any Contributions, you grant us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to: use, copy, reproduce, distribute,
sell, resell, publish, broadcast, retitle, store, publicly perform, publicly
display, reformat, translate, excerpt (in whole or in part), and exploit your
Contributions (including, without limitation, your image, name, and voice) for
any purpose, commercial, advertising, or otherwise, to prepare derivative works
of, or incorporate into other works, your Contributions, and to sublicense
the licenses granted in this section. Our use and distribution may occur
in any media formats and through any media channels.
This license includes our use of your name,
company name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial images you
provide.
You are responsible for what you post or upload: By
sending us Submissions and/or posting Contributions through any part
of the Services or making Contributions accessible through the Services by
linking your account through the Services to any of your social networking
accounts, you:
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confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or
transmit through the Services any Submission nor post any
Contribution that is illegal, harassing, hateful, harmful,
defamatory, obscene, bullying, abusive, discriminatory, threatening to any
person or group, sexually explicit, false, inaccurate, deceitful, or
misleading;
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to the extent permissible by applicable law, waive any and
all moral rights to any such Submission and/or Contribution;
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warrant that any such Submission and/or
Contributions are original to you or that you have the necessary
rights and licenses to submit such Submissions and/or
Contributions and that you have full authority to grant us the above-mentioned
rights in relation to your Submissions and/or Contributions; and
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warrant and represent that your Submissions and/or
Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or
Contributions and you expressly agree to reimburse us for any and all
losses that we may suffer because of your breach of (a) this section, (b) any
third party�s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we
have no obligation to monitor any Contributions, we shall have the right to
remove or edit any Contributions at any time without notice if in our
reasonable opinion we consider such Contributions harmful or in breach of these
Legal Terms. If we remove or edit any such Contributions, we may also suspend
or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If
you believe that any material available on or through the Services infringes
upon any copyright you own or control, please immediately refer to
the "COPYRIGHT INFRINGEMENTS" section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant
that: (1) all registration information you submit will be true, accurate,
current, and complete; (2) you will maintain the accuracy of such information
and promptly update such registration information as necessary; (3) you
have the legal capacity and you agree to comply with these Legal
Terms; (4) you are not a minor in the jurisdiction in which you reside;
(5) you will not access the Services through automated or non-human means,
whether through a bot, script or otherwise; (6) you will not use the Services
for any illegal or unauthorized purpose; and (7) your use of the
Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate,
not current, or incomplete, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Services (or any
portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You
agree to keep your password confidential and will be responsible for all use of
your account and password. We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole discretion, that such username
is inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other
than that for which we make the Services available. The Services may not be
used in connection with any commercial endeavors except those that
are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
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Systematically retrieve data or other content from the
Services to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from us.
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Trick, defraud, or mislead us and other users, especially
in any attempt to learn sensitive account information such as user
passwords.
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Circumvent, disable, or otherwise interfere with
security-related features of the Services, including features that prevent
or restrict the use or copying of any Content or enforce limitations on
the use of the Services and/or the Content contained therein.
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Disparage, tarnish, or otherwise harm, in our opinion, us
and/or the Services.
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Use any information obtained from the Services in order to
harass, abuse, or harm another person.
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Make improper use of our support services or submit false
reports of abuse or misconduct.
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Use the Services in a manner inconsistent with any
applicable laws or regulations.
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Engage in unauthorized framing of or linking to
the Services.
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Upload or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including excessive use of
capital letters and spamming (continuous posting of repetitive text), that
interferes with any party's uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the Services.
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Engage in any automated use of the system, such as using
scripts to send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools.
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Delete the copyright or other proprietary rights notice
from any Content.
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Attempt to impersonate another user or person or use the
username of another user.
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Upload or transmit (or attempt to upload or to transmit)
any material that acts as a passive or active information collection or
transmission mechanism, including without limitation, clear graphics
interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or
other similar devices (sometimes referred to as "spyware"
or "passive collection mechanisms" or "pcms").
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Interfere with, disrupt, or create an undue burden on the
Services or the networks or services connected to the Services.
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Harass, annoy, intimidate, or threaten any of our
employees or agents engaged in providing any portion of the Services to
you.
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Attempt to bypass any measures of the Services designed to
prevent or restrict access to the Services, or any portion of the
Services.
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Copy or adapt the Services' software, including but not
limited to Flash, PHP, HTML, JavaScript, or other code.
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Except as permitted by applicable law, decipher,
decompile, disassemble, or reverse engineer any of the software comprising
or in any way making up a part of the Services.
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Except as may be the result of standard search engine or
Internet browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Services, or use or launch
any unauthorized script or other software.
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Use a buying agent or purchasing agent to make purchases
on the Services.
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Make any unauthorized use of the Services,
including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false pretenses.
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Use the Services as part of any effort to compete with us
or otherwise use the Services and/or the Content for any
revenue-generating endeavor or commercial enterprise.
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Use the Services to advertise or offer to sell goods and
services.
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Sell or otherwise transfer your profile.
6. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other functionality,
and may provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and materials to
us or on the Services, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or personal information or
other material (collectively, "Contributions"). Contributions
may be viewable by other users of the Services and through third-party
websites. As such, any Contributions you transmit may be treated as
non-confidential and non-proprietary. When you create or make available any
Contributions, you thereby represent and warrant that:
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The creation, distribution, transmission, public display,
or performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
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You are the creator and owner of or have the
necessary licenses, rights, consents, releases, and permissions to
use and to authorize us, the Services, and other users of the
Services to use your Contributions in any manner contemplated by the
Services and these Legal Terms.
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You have the written consent, release, and/or permission
of each and every identifiable individual person in your Contributions to
use the name or likeness of each and every such identifiable individual
person to enable inclusion and use of your Contributions in any manner
contemplated by the Services and these Legal Terms.
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Your Contributions are not false, inaccurate, or misleading.
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Your Contributions are not unsolicited
or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
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Your Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us).
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Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
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Your Contributions are not used to harass or threaten (in
the legal sense of those terms) any other person and to promote violence
against a specific person or class of people.
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Your Contributions do not violate any applicable law,
regulation, or rule.
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Your Contributions do not violate the privacy or publicity
rights of any third party.
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Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to protect the health
or well-being of minors.
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Your Contributions do not include any offensive comments
that are connected to race, national origin, gender, sexual preference, or
physical handicap.
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Your Contributions do not otherwise violate, or link to
material that violates, any provision of these Legal Terms, or any
applicable law or regulation.
Any use of the Services in violation of the foregoing
violates these Legal Terms and may result in, among other things, termination
or suspension of your rights to use the Services.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the
Services or making Contributions accessible to the Services by linking
your account from the Services to any of your social networking accounts, you
automatically grant, and you represent and warrant that you have the right to
grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right,
and license to host, use, copy, reproduce, disclose, sell, resell,
publish, broadcast, retitle, archive, store, cache, publicly perform, publicly
display, reformat, translate, transmit, excerpt (in whole or in part), and
distribute such Contributions (including, without limitation, your image and
voice) for any purpose, commercial, advertising, or otherwise, and to prepare
derivative works of, or incorporate into other works, such Contributions, and
grant and authorize sublicenses of the foregoing. The use and
distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or
technology now known or hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you warrant that
moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your Contributions
provided by you in any area on the Services. You are solely responsible for
your Contributions to the Services and you expressly agree to exonerate us from
any and all responsibility and to refrain from any legal action against us
regarding your Contributions.
We have the right, in our sole and absolute discretion, (1)
to edit, redact, or otherwise change any Contributions; (2)
to re-categorize any Contributions to place them in more appropriate
locations on the Services; and (3) to pre-screen or delete any Contributions at
any time and for any reason, without notice. We have no obligation to monitor
your Contributions.
8. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or
ratings. When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive, racist,
offensive, or hateful language; (3) your reviews should not contain
discriminatory references based on religion, race, gender, national origin,
age, marital status, sexual orientation, or disability; (4) your reviews should
not contain references to illegal activity; (5) you should not be affiliated
with competitors if posting negative reviews; (6) you should not make any
conclusions as to the legality of conduct; (7) you may not post any false or
misleading statements; and (8) you may not organize a campaign
encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole
discretion. We have absolutely no obligation to screen reviews or to delete
reviews, even if anyone considers reviews objectionable or inaccurate. Reviews
are not endorsed by us, and do not necessarily represent our opinions or the
views of any of our affiliates or partners. We do not assume liability for any
review or for any claims, liabilities, or losses resulting from any review. By
posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fully paid, assignable, and sublicensable right
and license to reproduce, modify, translate, transmit by any means,
display, perform, and/or distribute all content relating to review.
9. SOCIAL MEDIA
As part of the functionality of the Services, you may link
your account with online accounts you have with third-party service providers
(each such account, a "Third-Party Account") by either: (1)
providing your Third-Party Account login information through the Services; or
(2) allowing us to access your Third-Party Account, as is permitted
under the applicable terms and conditions that govern your use of
each Third-Party Account. You represent and warrant that you are
entitled to disclose your Third-Party Account login information to us
and/or grant us access to your Third-Party Account, without breach by
you of any of the terms and conditions that govern your use of the
applicable Third-Party Account, and without obligating us to pay any
fees or making us subject to any usage limitations imposed by the third-party
service provider of the Third-Party Account. By granting us access to
any Third-Party Accounts, you understand that (1) we may access, make
available, and store (if applicable) any content that you have provided to and
stored in your Third-Party Account (the "Social Network
Content") so that it is available on and through the Services via your
account, including without limitation any friend lists and (2) we may submit to
and receive from your Third-Party Account additional information to
the extent you are notified when you link your account with
the Third-Party Account. Depending on
the Third-Party Accounts you choose and subject to the privacy
settings that you have set in such Third-Party Accounts, personally
identifiable information that you post to your Third-Party Accounts
may be available on and through your account on the Services. Please note that
if a Third-Party Account or associated service becomes unavailable or
our access to such Third-Party Account is terminated by the
third-party service provider, then Social Network Content may no longer be
available on and through the Services. You will have the ability to disable the
connection between your account on the Services and your Third-Party Accounts
at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE
PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to
review any Social Network Content for any purpose, including but not limited
to, for accuracy, legality, or non-infringement, and we are not responsible for
any Social Network Content. You acknowledge and agree that we may access your
email address book associated with a Third-Party Account and your
contacts list stored on your mobile device or tablet computer solely for
purposes of identifying and informing you of those contacts who have also
registered to use the Services. You can deactivate the connection between the
Services and your Third-Party Account by contacting us using the
contact information below or through your account settings (if applicable). We
will attempt to delete any information stored on our servers that was obtained
through such Third-Party Account, except the username and profile
picture that become associated with your account.
10. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via
the Site) links to other websites ("Third-Party Websites") as
well as articles, photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software, and other content or items
belonging to or originating from third parties ("Third-Party
Content"). Such Third-Party Websites
and Third-Party Content are not investigated, monitored, or checked
for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the Services or
any Third-Party Content posted on, available through, or installed
from the Services, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in
the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of
any Third-Party Websites or any Third-Party Content does
not imply approval or endorsement thereof by us. If you decide to leave the
Services and access the Third-Party Websites or to use or install
any Third-Party Content, you do so at your own risk, and you should
be aware these Legal Terms no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices, of any
website to which you navigate from the Services or relating to any applications
you use or install from the Services. Any purchases you make
through Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services offered
on Third-Party Websites and you shall hold us blameless from any harm
caused by your purchase of such products or services. Additionally, you shall
hold us blameless from any losses sustained by you or harm caused to you
relating to or resulting in any way from any Third-Party Content or
any contact with Third-Party Websites.
12. ADVERTISERS
We allow advertisers to display their advertisements and
other information in certain areas of the Services, such as sidebar
advertisements or banner advertisements. We simply provide the space to place
such advertisements, and we have no other relationship with advertisers.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1)
monitor the Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates the law or
these Legal Terms, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to
remove from the Services or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems; and (5)
otherwise manage the Services in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and security. By using the
Services, you agree to be bound by our Privacy Policy posted on the Services,
which is incorporated into these Legal Terms. Please be advised the Services
are hosted in the United States. If you access the Services from any
other region of the world with laws or other requirements governing personal
data collection, use, or disclosure that differ from applicable laws
in the United States, then through your continued use of the Services,
you are transferring your data to the United States, and you
expressly consent to have your data transferred to and processed
in the United States.
15. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If
you believe that any material available on or through the Services infringes
upon any copyright you own or control, please immediately notify us using the
contact information provided below (a "Notification"). A copy of
your Notification will be sent to the person who posted or stored the material
addressed in the Notification. Please be advised that pursuant to applicable
law you may be held liable for damages if you make material misrepresentations
in a Notification. Thus, if you are not sure that material located on or linked
to by the Services infringes your copyright, you should consider first
contacting an attorney.
16. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect
while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN
IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR
SOLE DISCRETION.
If we terminate or suspend your account for any reason, you
are prohibited from registering and creating a new account under your name, a
fake or borrowed name, or the name of any third party, even if you may be
acting on behalf of the third party. In addition to terminating or suspending
your account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any information on our
Services. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all
times. We may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in interruptions,
delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the Services
during any downtime or discontinuance of the Services. Nothing in these Legal
Terms will be construed to obligate us to maintain and support the Services or
to supply any corrections, updates, or releases in connection therewith.
18. GOVERNING LAW
These Legal Terms and your use of the Services are governed
by and construed in accordance with the laws of the State
of Maryland applicable to agreements made and to be entirely
performed within the State of Maryland, without regard to its
conflict of law principles.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each
a "Dispute" and collectively, the "Disputes") brought
by either you or us (individually, a "Party" and collectively,
the "Parties"), the Parties agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below) informally for at
least thirty (30) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through
informal negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved by binding arbitration. YOU
UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN
COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and
conducted under the Commercial Arbitration Rules of the American Arbitration
Association ("AAA") and, where appropriate, the AAA�s Supplementary
Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both
of which are available at the American
Arbitration Association (AAA) website. Your arbitration fees and your share
of arbitrator compensation shall be governed by the AAA Consumer Rules and,
where appropriate, limited by the AAA Consumer Rules. The arbitration may
be conducted in person, through the submission of documents, by phone, or
online. The arbitrator will make a decision in writing, but need not provide a
statement of reasons unless requested by either Party. The arbitrator must
follow applicable law, and any award may be challenged if the arbitrator fails
to do so. Except where otherwise required by the applicable AAA rules
or applicable law, the arbitration will take place in Charles
County, Maryland. Except as otherwise provided herein, the Parties may
litigate in court to compel arbitration, stay proceedings pending arbitration,
or to confirm, modify, vacate, or enter judgment on the award entered
by the arbitrator.
If for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in the state and
federal courts located in Charles County, Maryland, and the
Parties hereby consent to, and waive all defenses of lack of personal
jurisdiction, and forum non conveniens with respect to venue and jurisdiction
in such state and federal courts. Application of the United Nations
Convention on Contracts for the International Sale of Goods and the Uniform
Computer Information Transaction Act (UCITA) are excluded from these Legal
Terms.
In no event shall any Dispute brought by either Party
related in any way to the Services be commenced more than one
(1) years after the cause of action arose. If this provision is found
to be illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties agree
to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to
the Dispute between the Parties individually. To the full extent permitted by
law, (a) no arbitration shall be joined with any other proceeding; (b) there is
no right or authority for any Dispute to be arbitrated on a class-action basis
or to utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative capacity
on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not
subject to the above provisions concerning informal negotiations binding
arbitration: (a) any Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorized use; and (c) any claim for injunctive
relief. If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
20. CORRECTIONS
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions, including descriptions,
pricing, availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
21. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR
THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND
WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY
YOU TO US DURING THE six (6) MONTH PERIOD PRIOR TO ANY CAUSE OF
ACTION ARISING OR $1,000.00 USD. CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys� fees and expenses, made by
any third party due to or arising out of: (1) your Contributions; (2)
use of the Services; (3) breach of these Legal Terms; (4) any breach of your
representations and warranties set forth in these Legal Terms; (5) your violation
of the rights of a third party, including but not limited to intellectual
property rights; or (6) any overt harmful act toward any other user of the
Services with whom you connected via the Services. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with
our defense of such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
24. USER DATA
We will maintain certain data that you transmit to the
Services for the purpose of managing the performance of the Services, as well
as data relating to your use of the Services. Although we perform regular
routine backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using the
Services. You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action against
us arising from any such loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the Services, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SERVICES. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than
electronic means.
26. SMS TEXT MESSAGING
Opting Out
Please send and email to goodeteach@simplygoodegolf.com to
stop receiving sms/emails from us.
Message and Data Rates
Please be aware that message and data rates may apply to any
SMS messages sent or received. The rates are determined by your carrier and the
specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our
SMS communications, please email us
at darryl.goode@simplygoodegolf.com or call at 3013927925.
27. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you
can contact the Complaint Assistance Unit of the Division of Consumer Services
of the California Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at
(800) 952-5210 or (916) 445-1254.
28. Assumption of Risk, Waiver, and Release of Liability
At SimplyGoodeGolf LLC, we prioritize safety and well-being
during our golf lessons. However, like any physical activity, golf carries
inherent risks. By participating in our lessons, you acknowledge and accept the
following.
You acknowledge and agree that participating in golf
instruction services provided by SimplyGoodeGolf LLC involve inherent risks,
including but not limited to:
-
Physical injury: There is a
risk of injury due to improper technique that may lead to strains, sprains, or
injuries; accidental contact with other participants or objects while swinging
clubs.
-
Weather conditions: Exposure
to sun, rain, wind, or extreme temperatures can impact safety.
-
Property damage and accidents.
You voluntarily assume all risks associated with
participating in golf lessons and release SimplyGoodeGolf LLC, its instructors,
employees, agents, and affiliates (collectively referred to as “Releasees”)
from any liability, claims, demands, losses, or damages arising from your
participation in golf instruction services. This release applies to negligence
by the Releasees or any other cause.
If you or anyone on your behalf makes
a claim against any of the Releasees, you agree to indemnify, save, and hold
harmless each of the Releasees from any litigation expenses, attorney’s fees,
loss, liability, damage, or cost resulting from such a claim.
You certify that you are physically fit to
participate in golf lessons. If you have any medical conditions, you have
disclosed them to the instructor.
29. MEDIA CONSENT & RELEASE
You hereby grant permission to SimplyGoodeGolf Academy (“Academy”), its instructors,
staff, and authorized partners to photograph, film, and record video and/or audio of
me during golf lessons, clinics, camps, and related activities.
You understand and agree that these recordings may be used by the Academy for legitimate business purposes, including but not limited to:
-
Instructional and training materials
-
Player development analysis and feedback
-
Marketing, promotional, and advertising content (including website,
social media platforms, and digital or print materials)
-
Public relations, educational, and outreach purposes
You acknowledge that your name, image, likeness, voice, and performance
may be used in connection with these materials without further notice or approval.
You understand that you will not receive compensation or royalties for the use of these materials and
that you do not have the right to review or approve the finished content prior to its use.
You release, waive, and hold harmless SimplyGoodeGolf LLC, its owners, employees, contractors,
agents, and affiliates from any and all claims, liabilities, or demands arising out of or relating
to the use of such media.
This consent is given voluntarily and will remain in effect unless revoked in writing.
Revocation will apply only to future recordings and will not affect materials already created or distributed.
30. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted
by us on the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to exercise or
enforce any right or provision of these Legal Terms shall not operate as a
waiver of such right or provision. These Legal Terms operate to the fullest
extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for any
loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between
you and us as a result of these Legal Terms or use of the Services. You agree
that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have
based on the electronic form of these Legal Terms and the lack of signing by the
parties hereto to execute these Legal Terms.
31. CONTACT US
In order to resolve a complaint regarding the Services or to
receive further information regarding use of the Services, please contact us
at:
SimplyGoodeGolf LLC
4660 Crain Hwy
#671
White Plains, MD 20695
Phone: +01-301-392-7925
email: GoodeTeach1@simplygoodegolf.com
