Last Modified: 11/6/2015
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. Golfbert, LLC does not certify or endorse the Content on the Site, including without limitation, any opinion, recommendation, advice, or any other information contained in the Content.
Golfbert, LLC 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.
By using the Site you agree to the following:
- Agreement to Deal Electronically; Electronic Communications and Notices.
All of your transactions with or through the Site may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
Except as otherwise provided in these Terms, we will give you any notices regarding the Site by posting them on the Site. You also authorize Golfbert, LLC to send notices (including notice of subpoenas or other legal process, if any) via electronic mail. You must check the Site for notices, and you will be considered to have received a notice when it is posted on the Site, or when sent by us via electronic mail, whether or not received by you. You must keep your address current and any notice sent by us to an email address that you have provided to us will be considered effective notice.
Many of the Website's features and services are subscription-based and require initial and periodic payment via debit or credit card. You should review the information provided about the Subscription during the registration process. You agree that if you purchase a Subscription, you are responsible for paying any and all charges relating to your Subscription until you elect not to renew the Subscription. Subscriptions renew automatically for the same time period as the previous Subscription period at the rate then in effect. Your renewal date is set forth on the "Membership" section under the "Account Settings" section of the Golfbert website. This means that at the end of the Subscription period, we will charge you automatically for the next Subscription period to guarantee uninterrupted benefits. The debit or credit card you designated at registration will be charged no more than 24 hours prior to the expiration of the then current Subscription period. If you want to avoid renewing a Subscription, you agree that you must cancel 72 hours prior to the end of the then current Subscription period. If you sign up for a free trial, you must cancel 24 hours prior to the end of your free trial to avoid automatic charges associated with beginning your Subscription.
All Subscription fees, including renewals, are non-refundable. Subscribers must be at least 18 years old or have the permission of a credit card holder over 18 years old.
If you choose, or are provided with, a username, password or any other piece of information as part of our subscription process, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- Unauthorized Use of Your Password.
All instructions transmitted by or received from anyone presenting your password on the Site are binding to you. You agree that you are solely responsible for all transactions or acts that are validated through use of your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you ever suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact Golfbert, LLC immediately. You authorize Golfbert, LLC to refuse to accept any further orders placed under that password on your behalf and Golfbert, LLC will use commercially reasonable efforts to block such orders.
- Changes to the Agreement.
- License to Use the Site; Termination or Cancellation.
License: We hereby grant you the limited, revocable, non-transferable, non-sublicenseable license, under the rights Golfbert, LLC has in the Content, to view and use the Site solely for the purpose of acquiring information in accordance with the Agreement. As between you and Golfbert, LLC, we retain 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 expressly prohibited. The Site and all content contained therein is protected by copyright and intellectual property rights under both United States and foreign laws and all rights not expressly granted are reserved by Golfbert, LLC, its affiliates, and its partners. Subject to applicable law, Golfbert, LLC reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice.
The license in this Section 5 does not include permission to copy the design elements, "look and feel" 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 Golfbert, LLC 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.
Termination: We may, at any time and without notice to you, terminate your access to the Site or block your access to the Site if:
- We believe in our sole discretion that you have violated these Terms 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;
- Requested by law enforcement or other government agencies; or
- Your account has extended periods of inactivity.
- Submission of Comments; Prohibited Content and Conduct.
Any comments or information that you provide to Golfbert, LLC, for example, feedback or ideas in response to a customer survey regarding the Site, product or content reviews, suggestions, ideas, concepts, or other information are collectively deemed "Submissions". None of the Submissions will be subject to any obligation of confidence on the part of Golfbert, LLC, and Golfbert, LLC will not be liable for any use or disclosure (including publication in any medium) of any Submissions. You hereby grant Golfbert, LLC a royalty-free, 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, Golfbert, LLC will be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions. Further, Golfbert, LLC may sublicense these rights to third parties.
Under no circumstance is Golfbert, LLC responsible for any Submission to the Site or for the content of that Submission, nor shall Golfbert, LLC be held liable for any of the claims made therein. 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.
- Advertising on Golfbert, LLC:
If you are retailing other golf-related products or services and wish to advertise those products or services elsewhere on our Site, outside of our forums, please visit our Advertising page. All other Submissions or user-generated content or posts to the Site, whether through the forums, reviews, or any method or on any other page of the Site must be free of advertising or spamming. We reserve the right to edit or remove any Submissions that violate these policies, or to terminate your membership or right to access the Site for such violations.
- Moderation & Posting Rules:
All commenting, reviewing and rating posts must be in English. No other languages are permitted.
Although messages posted are not the responsibility of Golfbert, LLC 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 or no reason whatsoever. Generally we only moderate comments, reviews, messages, Submissions, photos, videos, or posts that are in breach of our rules or policies or threads that have not been accessed for some time. If you do find any reviews, messages, Submissions, photos, videos, or posts are objectionable then please contact us with a link to the item in question. We are particularly concerned with hate language and we will not hesitate to ban frequent or extreme offenders breaching any of our rules or policies.
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.
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. Our reference to swearing includes acronyms and variations and misspellings. We understand that sometimes posters will wish to vehemently disagree with someone else's post. This is fine but personal attacks or responses resorting to vulgar language are not permitted. Should a moderator or Site administrator intercede in a thread due to it getting out of hand, he she may optionally close the thread or request that members make no more than one more post on the subject (closing arguments.) You may not continue such "flame" topics by starting a new thread or post more than the one time as directed but you may edit your existing posts as desired should you have the ability to do so.
- Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- you may store files that are automatically cached by your Web browser for display enhancement purposes;
- you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution;
- if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and
- if we provide social media features with certain content, you make take such actions as are enabled by such features.
You must not:
- modify copies of any materials from this site; or
- delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please contact customer support at firstname.lastname@example.org.
- Prohibited Content:
You must not post to the Site or provide any Submissions that, as reasonably determined by us, is or appears to be the following:
- untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person's privacy or protected data, hateful, or racially or otherwise objectionable;
- infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any content that is the subject of any claim of infringement;
- of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
- unsolicited, undisclosed or unauthorized advertising;
- 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;
- data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
- in violation of any applicable local, state, national or international law (including export laws).
- Prohibited Conduct:
You must not do, or attempt to do, any of the following, as reasonably determined by us, subject to applicable law:
- access or use the Site in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
- access, tamper with, or use services or areas of the Site that you are not authorized to access;
- alter information on or obtained from the Site;
- tamper with postings, registration information, profiles, submissions or content belonging to the Site or other users of the Site;
- use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters";
- frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your content for any purpose except as expressly permitted in writing by us;
- impersonate or misrepresent your affiliation with any person or entity;
- reverse engineer any licensed software, application, games or any other aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site;
- send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Site or any recipient; or
- take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.
IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, "UNSOLICITED EMAIL OR OTHER COMMUNICATION") THROUGH THE SITE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO THE SITE, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY US $50 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.
- Copyright Infringement Notification & Other Reports.
Golfbert, LLC relies on users of the Site to bring copyright violations to our attention. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. If you are aware of infringing materials on the Site, please notify Golfbert, LLC agent:
- Golfbert, LLC
- Attn: Legal Dept./Copyright Agent
- 5555 Hill Road
- Nashville, TN 37027
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Golfbert, LLC to locate the material;
- Information reasonably sufficient to permit Golfbert, LLC to contact you, such as an address, telephone number, and if available, an electronic mail address at which the you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained about is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All inquiries not in compliance with the above notice and procedure for making claims of copyright infringement will receive no response.
Questions and comments about the Site (other than claims of copyright infringement) should be directed to our Contact Information page.
- Your Representations and Warranties.
You represent and warrant for the benefit of Golfbert, LLC and Golfbert, LLC's licensors and suppliers that:
- you are at least 13 years of age;
- you possess the legal right and ability to enter into this Agreement and make the credit card charge on your own behalf or on behalf of any person for whom you are acting as agent and/or that you are authorized to use the password required for the Site;
- all information that you submit to us is true, accurate, and current and that you own all rights in your Submissions or, alternatively, you have sufficient rights in your Submissions to grant us the rights described in these Terms;
- you will pay all license fees, clearance fees, and other financial obligations of any kind, arising from any use of your Submissions;
- your Submissions are not defamatory, do not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party;
- you will keep your registration information current;
- you will be responsible for all use of your password even if such use was conducted without your authority or permission; and
- you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
No promotion is offered by Golfbert, LLC unless the promotion explicitly so states. You agree that offers from other companies on the Site are solely liable for their promotions and that Golfbert, LLC is not liable. You also agree to comply with all terms of a promotion. Note: some promotions will be subject to quantity and other restrictions, including without limitation, time limits that could expire during your visit to the Site. Golfbert, LLC reserves the right to withdraw or refuse to honor any promotion that has been altered or modified other than by Golfbert, LLC.
You agree to defend, indemnify and hold harmless Golfbert, LLC, and their subsidiaries, affiliates, officers, directors, employees, agents, licensors, and suppliers, 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 or resulting from, or alleged to result from, your use of the Site or your violation of this Agreement.
- DISCLAIMERS OF WARRANTIES.
GOLFBERT, LLC PROVIDES THE SITE "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOLFBERT, LLC MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, GAMES, SOFTWARE, OR CONTENT INCLUDED IN THE SITE. GOLFBERT, LLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOLFBERT, LLC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITE. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
- Links to Third Party Sites.
As a convenience, we may provide links to third-party websites from the Site. Golfbert, LLC is not responsible for and does not endorse the informational content or any products or services available on any third-party web Site and does not make any representations regarding its content or accuracy. We are not liable for any technological, legal or other consequences that arise out of your visit or transactions on any third-party or non-Golfbert, LLC web Sites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such Sites. This means that we are not your agent and will not be a party to any contract you enter.
- Exclusive Remedy; Damage Exclusions & Limitations.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
- Tennessee State Law and Tennessee (Davidson County) Forum; One-Year Statute of Limitations.
- Miscellaneous; Entire Agreement.
These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Golfbert, LLC. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Golfbert, LLC will be null and void. Golfbert, LLC has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement will continue in effect. The Agreement (including any related consents or agreements that you provide during your visit to the Site) constitutes the entire agreement between you and Golfbert, LLC with respect to the Site and that item and supersedes all other (prior or contemporaneous) communications and proposals, whether electronic, oral or written, between you and Golfbert, LLC regarding the Site and/or any order you place through it.
The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
- Further Information.
If you have a complaint, you may contact us at Golfbert Legal Department, 5555 Hill Road, Brentwood, TN 37027, U.S.A.
- Legal Notices.
Notice of Availability of Filtering Software: All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
Notice of No Harvesting or Dictionary Attacks Allowed: YOU MAY VIOLATE FEDERAL LAW IF YOU: (i) INITIATE THE TRANSMISSION TO GOLFBERT COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (ii) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
Notice Regarding Trademarks: The trademarks Golfbert and all other trademarks listed below or used in the Service are owned or used under license by Golfbert, LLC and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the Site or in any Site content. All rights are reserved.
Golfbert is a trademark or registered trademark of Golfbert, LLC. in the United States and other countries. The Company name, the terms "Golfbert," "CaddyTracker" and "Golfbert.com," , "CaddyTracker.com," and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.