GOLFERSINSIDER.COM TERMS AND CONDITIONS OF USE

 
 

Golfersinsider.com has set out to create the premier online community for golf instructional videos and great deals on golf-related products.  Golfersinsider.com is a great one-stop shop for instructional videos, golf news, product reviews and much more.  Like the game of golf itself, however, there are certain rules that govern your use of the Golfersinsider.com website, which are specified here.

 
 

Please Read These Terms and Conditions Carefully Before Using This Website:

 
 

These Terms and Conditions of Use (the “Terms of Use”) apply to the Golfersinsider.com, LLC  (“Golfers Insider”) web site located at www.golfersinsider.com, and all associated sites linked to www.golfersinsider.com by Golfers Insider (collectively, the “Site”). The Site is the property of Golfers Insider and its licensors.  BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

 
 

Golfers Insider reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time.  It is your responsibility to check these Terms of Use periodically for changes.  Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.  As long as you comply with these Terms of Use, Golfers Insider grants you a personal, non-exclusive, non-transferable, non-commercial limited privilege to enter and use the Site.  Some portions of the Site require a paid subscription to access, and should you not maintain a current paid account status, you will lose access to those portions of the Site.

 
 
1) Content.  All text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Golfers Insider, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

 
 
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Golfers Insider’s express prior written consent.

 
 
You may use information on the advertised products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Golfers Insider for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

 
 
2) Restrictions and Affirmative Obligations in Connection with Your Use of the Site.  You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.  Golfers Insider reserves the right to bar any such activity. 

 
 
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Golfers Insider server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

 
 
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.  You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Golfers Insider, including any Golfers Insider account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

 
 
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Golfers Insider’s systems or networks, or any systems or networks connected to the Site or to Golfers Insider.

 
 
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

 
 
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Golfers Insider on or through the Site or any service offered on or through the Site.  You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

 
 
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Golfers Insider or others.

 
 
3) Accounts, Passwords and Security.  Some features or services offered on or through the Site may require you to open an account (including setting up a Golfers Insider ID and password).  You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential.  You agree to notify Golfers Insider immediately of any unauthorized use of your account or password, or any other breach of security.  You may be held liable for losses incurred by Golfers Insider or any other user of or visitor to the Site due to someone else using your Golfers Insider ID, password or account as a result of your failing to keep your account information secure and confidential.

 
 
You may not use anyone else’s Golfers Insider ID, password or account at any time without the express permission and consent of the holder of that Golfers Insider ID, password or account.  Golfers Insider cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

 
 
4) Privacy.  Golfers Insider’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference.  To view Golfers Insider’s Privacy Policy, click here.  Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure.  You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

 
 
5) Links to Other Web Sites.  This Site may contain links to other independent third-party Web sites (“Linked Sites”).  These Linked Sites are provided solely as a convenience to our visitors and subscribers.  Such Linked Sites are not under Golfers Insider’s control, and Golfer’s Insider is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.  You will need to make your own independent judgment regarding your interaction with these Linked Sites.  Linked Sites may contain terms and conditions different than those applicable to this Site.  You are solely responsible for reading, understanding and following the terms and conditions of any Linked Site.  Golfers Insider has made no attempt to determine the security features or privacy policy of any Linked Sites, and should you visit any Linked Site, you do so at your own risk.

 
 
6) Subscription Access.  Some portions and features of the Site, including some instructional videos and product promotions among others, (collectively, the “Subscription Required Site Use”) require a paid subscription or membership.  Your access to the Subscription Required Site Use requires you to have a valid, current, paid subscritpion account status.  Your subscription, and access to the Subscription Required Site Use, begins on the date Golfers Insider receives your payment of the subscription fee and terminates automatically at the stated end of your subscription period, unless renewed by you by paying the renewal subscription fee.  In the event your account contains any saved information or data, such information or data will be lost if you do not properly renew your subscription before the expiration of your subscription period.  Notwithstanding payment of a subscription fee, Golfers Insider reserves the right to alter, amend, change, modify or cease offering any feature, portion or promotion of, contained in or advertised on the Subscription Required Site Use.   Some items offered in the Subscription Required Site Use may be subject to time limitation or availability.  With respect to such items, the offer thereof shall expire upon expiration of the stated time period and/or when the item no longer is available.  Such items are offered on a first come, first served basis, and will be fulfilled on a first received order basis, regardless of payment of the subscription fee.  No rain checks will be available.  Golfers Insider will be the sole judge to determine which order is first received.  Golfers Insider reserves the right to stop offering Subscription Required Site Use, in whole or in part, at any time.

 
 
7) Product Promotions and Offers

 
 
a) All items offered on the Site for purchase are subject to availability, and Golfers Insider does not guarantee that any item will be available at the time of order or otherwise, even though the item may be displayed on the Site or in other communications.   Golfers Insider may add, remove, change or modify items, including the price thereof, at any time, even after an attempted order for such items.  Certain items are available only during the time periods described in Golfers Insider’s communications (including the Site or email communications).  Merchants participating in the Site, and products offered, are subject to change.  Items offered have limited availability.  The items offered on the Site may be out of date, and Golfers Insider makes no commitment to update the items on the Site.

 
 
b) Additional restrictions, terms and conditions may apply to purchase of items offered on the Site.  Such additional restrictions will be set forth in offer communications (including the Site or email communications), all of which are made a part of these Terms of Use by this reference. 

 
 
c) Items ordered at the same time may arrive separately.  Models pictured on the Site may be stock pictures.  You will receive the most current comparable model available.  Golfers Insider is not responsible for typographical or pictorial errors.

 
 
d) The items offered on the Site are not manufactured by or for Golfers Insider, and Golfers Insider exercises no control over the design, testing, manufacture, packaging or labeling of those items.  AS TO ANY ITEM PURCHASED FROM, THROUGH OR IN CONNECTION WITH THE SITE, GOLFERS INSIDER MAKES NO WARRANTIES, EXPRESSS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE FOREGOING MAY NOT APPLY TO YOU.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GOLFERS INSIDER SHALL CREATE A WARRANTY.

 
 
e) Golfers Insider shall not be responsible for the return of, or any defect in, items purchased on, through or in connection with the Site, and Golfers Insider will not accept return of any such item.  All returns are subject to the original manufacturer’s return policy and requests for returns should be made to the original manufacturer.       

 
 
8) Disclaimers.  GOLFERS INSIDER DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.  THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.  ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.  GOLFERS INSIDER CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.  GOLFERS INSIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  GOLFERS INSIDER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY GOLFERS INSIDER SERVICES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.  YOUR SOLE REMEDY AGAINST GOLFERS INSIDER FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT AND, IN THE CASE OF THE TOTAL FAILURE TO DELIVER SUBSCRIPTION REQUIRED SITE USE, THE RETURN OF A PRO RATA PORTION OF ANY SUBSCRIPTION FEE FOR THE UNEXPIRED TERM OF THE SUBSCRIPTION.  THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

 
 
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

 
 
Golfers Insider reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, including, without limitation, the Subscription Required Site Use, for any reason; (2) to modify or change the Site, or any portion of the Site, including, without limitation, the Subscription Required Site Use, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, including, without limitation, the Subscription Required Site Use, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 
 
9) Limitation of Liability.  Except where prohibited by law, in no event will Golfers Insider be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Golfers Insider has been advised of the possibility of such damages.

 
 
If, notwithstanding the other provisions of these Terms of Use, Golfers Insider is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Golfers Insider’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Golfers Insider or (2) US$100.00.  Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

 
 
10) Indemnification.  You agree to indemnify and hold Golfers Insider, its officers, directors, members, managers, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Golfers Insider by any third party due to or arising out of or in connection with your use of the Site.

 
 
11) Violations of These Terms of Use.  Golfers Insider may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Golfers Insider’s rights or property, or the rights or property of visitors to or users of the Site, including Golfers Insider’s customers.  Golfers Insider reserves the right at all times to disclose any information that Golfers Insider deems necessary to comply with any applicable law, regulation, legal process or governmental request.  Golfers Insider also may disclose your information when Golfers Insider determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

 
 
You acknowledge and agree that Golfers Insider may preserve any transmittal or communication by you with Golfers Insider through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Golfers Insider determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Golfers Insider, its employees, users of or visitors to the Site, and the public.

 
 
You agree that Golfers Insider may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site.  You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Golfers Insider, for which monetary damages would be inadequate, and you consent to Golfers Insider obtaining any injunctive or equitable relief that Golfers Insider deems necessary or appropriate in such circumstances.  These remedies are in addition to any other remedies Golfers Insider may have at law or in equity.

 
 
You agree that Golfers Insider may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

 
 
You agree that Golfers Insider will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

 
 
12) Unsolicited Idea Submission Policy.  Golfers Insider does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names.  Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to Golfers Insider or any of its employees.  The purpose of this policy is to avoid potential misunderstandings or disputes when Golfers Insider’s products or marketing strategies might seem similar to ideas submitted to Golfers Insider.  If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submissions:
 
 
Terms of Idea Submission.  By submitting ideas to Golfers Insider, you agree that:

 
 
(1) your submissions and their contents will automatically become the property of Golfers Insider, without any compensation to you;

 
 
(2) Golfers Insider may use or redistribute the submissions and their contents, and may make derivative works based thereon, for any purpose and in any way without compensation to you in any manner;

 
 
(3) there is no obligation for Golfers Insider to review the submission; and

 
 
(4) there is no obligation for Golfers Insider to keep any submissions confidential.

 
 
13) Ownership of Uploaded Data.  You agree that any data uploaded by you to the Site shall be and become the property solely of Golfers Insider, and you hereby assign, convey and transfer to Golfers Insider all of your right, title and interest in and to such data, including, without limitation, any copyright or other intellectual property rights you may have in such data.  Any feedback you provide to the Site shall be deemed to be non-confidential, and Golfers Insider shall be free to use such feedback on an unrestricted basis.

 
 
14) Arbitration.  Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Golfers Insider confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitrator or arbitrators shall not have the power to award punitive or exemplary damages nor shall the arbitrator or arbitrators have the power to make an award on a class or representative basis but shall be limited to making only an individual award.  The arbitration shall be held in Reno, Nevada.  All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information.  Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information.  Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties.  Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.  Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be.  Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.  The laws of the State of Nevada, without regard to its conflict of laws rules, shall apply to such arbitration and the performance and interpretation of these Terms of Use.

 
 
15) Miscellaneous.  You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

 
 
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.  These Terms of Use constitute the entire agreement between you and Golfers Insider with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Golfers Insider with respect to such use are hereby superseded and cancelled.

 
 
Golfers Insider does not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected.  Golfers Insider’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Golfers Insider of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Golfers Insider and you or any other party be deemed to modify any provision of these Terms of Use.  These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

 
 
Golfers Insider provides access to Golfers Insider international data and, therefore, may contain references or cross references to Golfers Insider products, programs and services that are not announced in your country.  Such reference does not imply that Golfers Insider in your country intends to announce such products, programs or services.
 
 
 
For our shipping and returns policy, click here.

 
 
Rev. 5-15-2013

 
 

10 comments:

Alvin S. BrownMay 23, 2013 at 5:57 amReply

I agree to above

Robert FultonMay 23, 2013 at 9:14 pmReply

Thank you

Edward RobinsonMay 24, 2013 at 11:16 amReply

none

JerryMay 24, 2013 at 12:29 pmReply

thanks

Terry StoreyMay 24, 2013 at 9:21 pmReply

Looking forward to greater insight !!

James DunbarMay 25, 2013 at 8:56 pmReply

Ok

BUZZ GOLDERMay 26, 2013 at 4:47 pmReply

HAPPY TO SEEK INFORMATION AND KEEP UP WITH GOLF WORLD.

kenMay 27, 2013 at 3:56 amReply

Thanks

Brooks McCallMay 28, 2013 at 6:47 amReply

Is this service free as long as I maintain a Platinum Subscription to Sky Caddie?

adminMay 28, 2013 at 11:25 amReply

Brooks,

It will be the decision of SkyCaddie whether they offer another free one-year membership for the following year. But we are not requiring any credit card information for their customers so you will not be automatically charged to renew your membership.

Thanks!

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