Terms of Use

GOLFWORM.COM
TERMS of USE

Last Revised:  April 2, 2011

VERY IMPORTANT! READ THIS DOCUMENT IN ITS ENTIRETY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.  YOUR USE OF THIS SERVICE CREATES A LEGALLY BINDING CONTRACT BETWEEN YOU AND GOLFWORM.COM, LLC.  DO NOT USE THIS SERVICE IF YOU DO NOT INTEND TO BE LEGALLY BOUND TO THESE TERMS OF USE.  THESE TERMS SUPERCEDE ANY AND ALL EARLIER VERSIONS. ALLUSERS OF GOLFWORM.COM HAVE TO ACCEPT THE TERMS OF USE UPON REGISTRATION IF YOU INTEND TO UTILIZE THIS SITE.

Welcome to Golfworm.com, an online golf group buying community and social utility network.  The golfworm.com service and network are owned and operated by GolfWorm.com, LLC.   These terms and conditions of use (“Terms” or “Agreement”) are a binding contract between GolfWorm.com (“We”, “Us, “Our”, “GW”, “golfworm.com”, “Company”, or “GolfWorm” “Service”) and you (“You”).  You must agree to these terms before using the golfworm.com website (“the Site”).  By using the site, you agree to be bound by these terms as well as the privacy policy on the site.  If you do not agree to all of these terms, you are not authorized to use the site and should immediately cease all usage of this website.  We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.golfworm.com, in this same area.  Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.  GolfWorm.com, LLC provides the information and services on the site to you conditioned upon your acceptance, without modification, of the Terms.

NOTICE

The information available on the Site, including, without limitation, reviews, opinions, directions, guides, graphics, photographs, logos, audio or video clips, and data (collectively “Content”) may contain information relating to a hazardous activity. GolfWorm.com does not certify or endorse in its entirety the Content on the Site, including without limitation, any opinion, recommendation, posting, advice, comment, pro tip or any other information contained in the Content.

GolfWorm is not responsible for harm to persons or property that results from your use of the Site, including without limitation, use of any Content on the Site.

Section

1.  Eligibility and Minors
2. Registration Data, Personal Information; Account Security
3. Trademarks, Proprietary Rights in Site Content; Limited License
4. User Conduct on the Site
5. User Content, Uploads and Reviews Posted on the Site
6. Copyright Complaints
7. Termination and Actions for Violating Terms of Use;
8. Membership and Renewal Agreements, Refunds,

Shipping and Cancellation Policy and Terms of Sale

1. Business Transfer
2. Third Party Websites and Content
3. GolfWorm Member Profiles and Account
4. User Disputes
5. Privacy
6. Disclaimers
7. Limitation on Liability
8. Termination
9. Governing Law; Venue and Jurisdiction
10. Arbitration
11. Indemnity
12. Submissions and Postings
13. Other

1.  Eligibility and Minors

Membership in the Service is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older, and users of the Site under 18 who are currently in high school or college. Any registration by, use of or access to the Site by anyone under 13, or by anyone who is under 18 and not in high school or college, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.  We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, do not attempt to register for our Site or send any information about You to Us. We recommend that prospective users between the ages of 13 and 17 ask their parents or other legal guardians for permission before sending any information about themselves to anyone over the Internet.

2.  Registration Data, Personal Information; Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

We collect any information you enter on the Service or give us in any other way (such as through an email or other forms of communication). The information that we collect varies depending upon how you choose to use our Service. Our account registration process requires that you provide us with certain information, such as but not limited to, your actual first and last name, email address and zip code. You may access and update your information or account settings by accessing “My Account” or “My Profile” or a similar link on the Site.

Please keep in mind that whenever you voluntarily provide information in public areas of the Service, such as the user profile pages, chat house and forums, that information can be viewed and possibly used by others. Therefore, we advise visitors not to disclose any personal contact information (within these public areas) that they do not wish to share. We are not responsible for personal information you choose to submit in these public areas. Also, we may highlight content you post to the public areas of the Service such as reviews or comments, such as by featuring your Content on the Site's home page.  We reserve the right to review all comments and postings and take action on anything we deem a violation of these terms of use, up to and including termination of your account.

3. Trademarks, Proprietary Rights in Site Content; Limited License

Any and all content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, animations, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except for personal information that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.  Any violation of any part of this agreement is subject to termination of your account, up to and including any necessary legal action.

Company graphics, logos, designs, page layouts, page headers, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.  

Unless prior written consent is received from the president of golfworm.com, you do not have permission to copy the design elements, look and feel, design and or layout of the Site. Those elements are protected by law, such as trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in any manner. Except as expressly provided in this Agreement, neither Golfworm.com nor any third party has conferred upon you by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark, trade secret or any other proprietary right.

4.  User Conduct on the Site

You understand that except for advertising programs offered by us on the Site, the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

Golfworm.com grants you the right to view and use the Site solely for the purpose of acquiring information in accordance with the Agreement. Golfworm.com retains all right, title, and interest in and to the Site. Except as provided in this Agreement, permission to reprint or electronically reproduce any content in whole or in part for any other purpose is strictly prohibited. The Site and all Content contained therein are protected by copyright under both United States and foreign laws and all rights not expressly granted are reserved by Golfworm.com, business partners, affiliates and suppliers. Subject to applicable law, we reserve the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice.

In addition, you agree not to use the Service or the Site to:

• harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• intimidate or harass another;
• transmit, post, share, upload, store or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
• use automated scripts to collect information from or otherwise interact with the Service or the Site;
• transmit, post, share, upload, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• transmit, post, share, upload, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
• register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
• transmit, post, share, upload, store or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• transmit, post, share, upload, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• transmit, post, share, upload, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site or falsify any information.
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• transmit, post, share, upload, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.

5.  User Content, Uploads and Reviews Posted on the Site

Any comments, postings or information that you provide to golfworm.com are collectively deemed "Submissions". None of the Submissions will be subject to any obligation of confidence on the part of golfworm.com and we will not be liable for any use or disclosure (including publication) of any Submissions. By posting information to the site, you automatically grant golfworm.com, and you represent and warrant that you have the right to grant, to the Company a royalty-free, non exclusive, perpetual, irrevocable, world-wide license to use, copy, reproduce, create derivative works from, adapt, modify, publish, edit, translate, sell, distribute, transmit, transfer, publicly display, publicly perform, and display the Submissions without any limitation and in any media or any form now known or later developed. Without limiting the foregoing, golfworm.com will be entitled to unrestricted use of the submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions. Further, golfworm.com may sublicense these rights to third parties. Under no circumstance is golfworm.com responsible for, or be held liable for any of the claims made therein, for any Submission to the Site or for the Content of that Submission. We are not responsible for the content or accuracy of any of these Submissions, and the views and opinions they express are solely those of the original contributor.  You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. GolfWorm does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

Course reviews and Submissions posted are not the responsibility of golfworm.com and we are not responsible for the content or accuracy of any of these messages, we reserve the right for ourselves and our agents to edit or delete any message for any reason whatsoever. If you do find any course reviews, Submissions or postings objectionable then please contact us. We will not tolerate hate language, vulgarity, cursing and so forth, and we will not hesitate to ban offenders breaching any of these Terms.

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display ("post") on or through the Service or the Site, or transmit to or share with other users. You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, is illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.

6.  Copyright Complaints

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the GolfWorm website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to us at 35 Lowell Road, Port Washington, NY 11050, Attn: GolfWorm Executive Director(s).

7.  Termination and Actions for Violating Terms of Use;
We may, at any time and without notice, explanation or appeal to you, terminate, ban and/or suspend  your access to site at the sole discretion of the website's managing team for any of the below reasons:

Golfworm.com does consider that some users may not be aware of our community rules and are otherwise good users. Our managing team will try to warn users, but for serious violations and for users that have been warned before suspensions may be implemented that range from 1 day to permanent.

As requested by law enforcement or other government agencies; or, we believe in our sole discretion that you have violated these Terms of Use or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of the Site, our users, or any other person; or, your account has extended periods of inactivity.

You agree to refrain from swearing, profanity, foul language, discourteous behavior, racial, national or sexual slurs or other inappropriate or illegal behavior on the Site. No links to inappropriate content please. This is a professional and golfer friendly Site. You agree not to use the Site to post any material which is illegal or that may generally be deemed to be vulgar, defamatory, inaccurate, harassing, hateful, threatening, invading of others privacy, sexually oriented or violates any laws.

Any violation of the Terms of Use Agreement may be up to and including termination of your account.  In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, golfworm.com has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be in violation of this agreement.  GolfWorm may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

By accepting the Terms of Use and logging onto the golfworm.com network; you understand and acknowledge that, any member profile that is terminated resulting from a violation in the GolfWorm Terms of Use, will forfeit any right to any refund for moneys paid to the company.  Furthermore, by violating any of our Terms of Use, you understand and acknowledge that disciplinary means, up to and including legal actions may be taken on company’s part should we deem them necessary.

8.  Membership and Renewal Agreements, Refunds, Shipping and Cancellation Policy and Terms of Sale

GolfWorm offers or may offer a variety of membership options.  At any point, without notification, we reserve the right to modify any of our membership programs including rates and fees.  Golfworm.com may from time to time offer the option of free or lifetime membership programs.  Lifetime membership is defined by golfworm as to the longevity of the site, regardless of that timeframe.  By accepting the terms of use, you understand that any membership programs and related rates and fees, up to and including lifetime membership fees are non-refundable after seven (7) days of signing up.

Annual:  By subscribing as a member to the site (excluding free memberships), you agree to pay us an annual membership fee at the current membership rate if applicable.  Your membership is valid for the specified period starting from the date of purchase and/or activation, whichever comes later.  For your convenience and to avoid unnecessary interruptions in your membership, unless we hear from you, we will automatically renew your membership(s) at the expiration of the then current term.  If you elected to pay for the membership with your credit card, we will charge your card on file for the cost of another term at the current rate using the information you previously provided to us by phone or on our website.  It is your responsibility to maintain a current card on file.  In the event that we try to auto renew your membership and your card has expired – we will make every effort to contact you; but will not be held responsible for lost information.  You may cancel your membership within seven (7) days of us charging your card (not applicable for auto-renewals).  After such time, you may not cancel your subscription for the then current term and we will not issue you a refund.  If you wish to cancel your auto-renewal(s), you may do so by opting out of our-auto-renewal through your account settings and/or emailing us at support@golfworm.com. 

“VIP”:  By subscribing as a “VIP” member to the site (excluding free memberships), you agree to pay us an annual membership fee at the current membership rate.  Your membership is valid for 12 months from the date of last charge; or as long as GolfWorm is managing the Site. For your convenience and to avoid unnecessary interruptions in your membership, we suggest that you consider this membership option.  It is your responsibility to maintain a current card on file.  We will not be held responsible for lost information.  A one time s/h and processing fee of $9 will be applied to all new VIP memberships for your welcome packet and shirt for members residing in the continental U.S.  This fee is subject to change without notice.  Additional charges may apply for members outside of the continental U.S. (please see International Shipping below).  You may cancel your membership within seven (7) days of us charging your card.  After such time, you may not cancel your membership for a refund for any reason.  If we shipped your VIP welcome packet and shirt prior to your cancellation, and falling within the seven (7) days, we will refund your money, less $20 for s/h and cost of shirt, for the then current membership fee. 

Drop Shipping Offers:  Merchant providing offer will assume all responsibility for shipping costs.  GolfWorm.com, LLC at no point will refund money for any shipping losses or damages at any point in time.  GolfWorm.com, LLC will work with our members to the best of our ability in finding a reasonable solution between the merchant offering the product or service and member.

International Shipping:  We will gladly ship internationally.  There may be additional fees for s/h and processing for any of our products and/or “Fore Life” membership welcome packets.  If you are located outside of the continental US, please contact us prior to authorizing us to charge your account.  You will be responsible for any additional fees assessed after signing up and agree not to hold GolfWorm liable for these charges.

By ordering products or services from Company through the Site, you agree to be bound by and accept the Terms of Sale and Terms of Use. The Terms of Sale are subject to change without prior notice at any time, in Company's sole discretion so you should review the Terms of Sale each time you make a purchase.

9.  Business Transfer

As we develop and grow our business model, we might sell or buy businesses or their assets, or engage in acquisitions, mergers, restructurings, changes of control, or similar transactions.  In such transactions, customer information generally is one of the transferred business assets, and your personal information may be subject to such a transfer.  Additionally, in the unlikely event of a bankruptcy, customer information may be transferred to a bankruptcy trustee or debtor in possession and then to a subsequent purchaser.  In the event that GolfWorm is acquired, any membership fees paid, including the “Fore Life” memberships will be subject to the acquiring parties Terms of Use and/or subject to additional fees.  Under no circumstance will any refund be given, or will GolfWorm be held liable for lost information and data resulting from the sale of the Company.

10.  Third Party Websites and Content

The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") 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 (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.  Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites and/or links.

11.  GolfWorm Member Profiles and Account

You may not set up a GolfWorm Profile on behalf of another individual or entity unless you are authorized to do so.  GolfWorm does not pre-screen or approve GolfWorm profiles and any activity related to them and cannot guarantee that a GolfWorm profile was actually created and is being operated by the individual or entity that is the subject of that profile page, nor is GolfWorm responsible for the content of any GolfWorm profile, or any transactions entered into or other actions taken on or in connection with any profile, including how the owner of the GolfWorm profile operator collects, handles, uses and/or shares any personal information it may collect from other users.  You should be careful before providing any personal information to, or entering into any transaction(s) or relationship in any form, in connection with a GolfWorm.com member profile and/or account.

12.  User Disputes

You are solely responsible for your interactions with other GolfWorm.com members. We reserve the right, but have no obligation, to monitor disputes between you and other users.

13.  Privacy

We care about the privacy of our users. Click here to view the GolfWorm Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

14.  Disclaimers

GolfWorm.com is not responsible for harm to persons or property that results from your use of the Site, including without limitation, use of any Content on the Site.  The Site and all content are provided without warranty of any kind.  GolfWorm.com and its licensors give no express warranties and disclaim all implied warranties, including, but not limited to warranties of merchantability, fitness for a particular purpose; availability of the Site; lack of viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties; accuracy, completeness, reliability, timeliness, currency or usefulness of any content on the Site.  The entire risk as to satisfactory quality, performance, accuracy and effort in connection with the Site and content is with you.  In addition, GolfWorm.com disclaims any warranties of non-infringement, title, or quiet enjoyment.

The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by GolfWorm, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide terms and rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.  We will make our best effort to eliminate any content that is in violation of our terms as well as take any necessary actions against the violator. 

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. GolfWorm.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.

THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES),  AND THE SITE CONTENT ARE PROVIDED "AS-IS" and the company disclaims any and all representations and warranties, whether expressed or implied, including implied warranties of title, merchantability, fitness for particular purpose or non-infringement.  The company cannot guarantee and does not promise any specific results from use of the site and/or the service.  GolfWorm.com, LLC cannot guarantee and does not promise any specific results from use of the site and/or the service.  Company does not represent or warrant that software content or materials on the site, the service or any applications are accurate, complete, reliable, current or error-free or that the site or service its servers, or any applications are free of viruses or other harmful components.  Therefore, you should exercise caution in the use and downloading of such software, content or materials and use industry-recognized software to detect and disinfect viruses.  Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material, data or software (including any mobile client) from or through the service and any applications at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.  Under no circumstance will golfworm.com be held liable.

The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

15.  Limitation on Liability

IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE 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, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

16.  Termination

The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any application and/or prohibit you from using or accessing the Service or the Site or any Application (or any portion, aspect or feature of the Service or the Site or any application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13, or under 18 and not in high school or college.

17.  Governing Law; Venue and Jurisdiction

This agreement is governed by the laws of the State of New York, USA, without regard to principles of conflict laws, will govern these Terms of Use.  Your consent to this Agreement will include your consent to such law and the jurisdiction of and venue in the courts in the State of New York, USA in all disputes arising out of or relating to this Agreement.  Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement.  GolfWorm.com’s performance of this Agreement is subject to existing laws and legal process, and you agree that GolfWorm.com, LLC may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term of this Agreement.  Any cause of action or claim you may bring in connection with the Site, including without limitation to any Content, must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.  In any dispute between GolfWorm.com and you relating to the Site, the prevailing party will be entitled to attorneys’ fees, costs and expenses. 

18.  Arbitration

YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the User Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the GolfWorm Network may be arbitrated.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than one (1) year after the cause of action arose.

19.  Indemnity

You agree to defend, indemnify and hold harmless GolfWorm.com, its officers, directors, employees, agents, licensors, suppliers, contractors, partners, subsidiaries and affiliates, from and against all third party claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the site, software or content you post or share through the site,  or resulting from, or alleged to result from, your use of the Site or your violation of this agreement.

20.  Submissions and Postings

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions and Postings"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

21.  Other

These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any part of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.