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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.