Clickit Golf, Inc. (referred to as "us" or "we”) provides the Clickitgolf.com site and various related services (referred to as the "site") subject to your compliance with all the terms, notices, and conditions contained or referenced herein (the "User Agreement"), as well as any other written agreement between us (or your company). In addition, when using services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in this User Agreement. All such guidelines or rules are hereby incorporated by reference into this User Agreement.
BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THIS USER AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THE THIS USER AGREEMENT, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THIS USER AGREEMENT BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
This User Agreement is effective as of April 18, 2016. We reserve the right to change this User Agreement from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and this User Agreement periodically and to be aware of any modifications made to the User Agreement. Your continued use of this site after such modifications will constitute your acknowledgment of the modified User Agreement and agreement to abide and be bound by the modified User Agreement.
As used in this User Agreement, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, affiliated golf courses, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have has no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided AS IS and that we assume no responsibility for the timeliness, alteration, deletion, miscommunication, mis-delivery or failure to store, any user communications, product information or personalization settings.
You pay an online fee for each purchase made and are responsible for paying the per-person rate for a round of golf including golf cart (called golf voucher) that Clickitgolf.com accepts through its service and other applicable taxes and charges.
You must become a registered user of the web site to purchase a golf voucher through our service. To become a registered user of Clickitgolf.com you must fill out the Registration Form that will require you to provide information including, but not limited to, your email address.
To obtain a golf voucher, you must provide information requested on the Purchase Form which includes, but is not limited to, course name, price, # of rounds, and day of week, legal name, billing address and email address. The completion, submission and transmittal of the Purchase Form will constitute a request by you to purchase a golf voucher at the selected golf course.
Affiliated golf courses are responsible for setting weekday, Friday, and weekend acceptable prices. The Site is responsible for negotiating and distributing vouchers on behalf of affiliated golf courses in accordance with their minimum standards. Acceptance is based solely on available inventory at affiliated golf course, posted price, and minimum standards set by affiliate golf course.
Upon acceptance by Clickitgolf.com on your request to purchase a golf voucher, you agree to pay Clickitgolf.com for the negotiated cost of a round of golf at the affiliated golf course plus any other applicable charges. Information provided by you in the Registration Form, Purchase Form and any other information provided by you or Clickitgolf.com which includes, but is not limited to address information, will be provided to the golf course by Clickitgolf.com on the golf voucher.
After you submit a Purchase Form and Clickitgolf.com determines that there is an available golf inventory which accommodates your request, a golf voucher will be made for you and you are required to print a copy of your golf voucher for redemption at the affiliate golf course which will include, but is not limited to, time/date of purchase, golf course name, the number of persons playing, rate charged each person per-round, terms and conditions of purchase and applicable taxes and charges. An email receipt will be sent to your registered email address.
All golf vouchers are valid for 30 days after purchase date unless otherwise noted on the voucher. All payments for rounds purchased on the Purchase Form and any other taxes and charges will be paid BY YOU to Clickitgolf.com using your credit card or any other method of payment acceptable by Clickitgolf.com.
All charges will appear on financial statements as Clickitgolf.com.
All matters relating to processing of your credit card for payment are to be resolved strictly between the Site and you. Affiliates have no rights, duties or obligations relating to the processing of your credit card for payment. The Site has no rights, duties or obligations relating to your failure to supply proper information when processing your credit card for payment.
ALL SALES ARE FINAL after the golf voucher is purchased by you through our service. NO REFUNDS OR RAINCHECKS. All matters relating to redemption of your purchase through service are to be resolved strictly between the Affiliate and you.
CLICKITGOLF.COM WILL ATTEMPT TO ENSURE THAT THE GOLF COURSES WHO ACCEPT A GOLF VOUCHER WILL HONOR ANY PURCHASE MADE BY YOU. HOWEVER, CLICKITGOLF.COM MAKES NO GUARANTEE THAT GOLF VOUCHERS WILL BE HONORED BY THE GOLF COURSES WITH WHOM SUCH VOUCHERS ARE ACCEPTED. IN THE EVENT A GOLF COURSE FAILS TO HONOR A GOLF VOUCHER, YOU AGREE TO BE BOUND BY THAT COURSE'S POLICIES AND PROCEDURES REGARDING THE FAILURE TO HONOR A TEE-TIME RESERVED BY YOU AFTER PURCHASE OF GOLF VOUCHER. CLICKITGOLF.COM WILL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OR DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING ANY DAMAGES OR LOSS OF PROFIT ARISING OUT ANY GOLF COURSE'S FAILURE TO HONOR A GOLF VOUCHER.
Clickitgolf.com reserves the right to change this policy at any time. You can send an email to us with any further questions at firstname.lastname@example.org.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. You should not assume that such messages have been reviewed by Clickitgolf.com, that such communications contain correct information, or that the persons posting such communications have accurately identified themselves and/or their affiliation with any third party. However, we and our agents have the right in their sole discretion to remove any content that, in our judgment, does not comply with this User Agreement and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right.
You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
This site may link you to other sites on the Internet or otherwise include references to information, documents, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either expressed or implied.
By accepting this User Agreement, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Clickitgolf.com and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Clickitgolf.com or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in this User Agreement grants you any right to use any trademark, service mark, logo, and/or the name of Clickitgolf.com or its Affiliates.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. We reserve the right to terminate your license to use this site if we determine in our sole and absolute discretion that you are involved in infringing activity, including alleged acts of first time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately.
To be effective, the notification must include: 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; information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; identification of the material that is claimed to be infringing or subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials; a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about who repeat claims of copyright infringement are received, you acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove said materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the U.S. Copyright office for adjudication as provided in the Digital Millennium Copyright Act.
THIS SITE COULD INCLUDE TECHNICAL MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SERVICE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SERVICE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS WHICH YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU (AND NOT CLICKITGOLF.COM OR SERVICE PROVIDER) ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with Clickitgolf.com. We do not endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than an authorized Clickitgolf.com spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into this User Agreement.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited mailings (also known as spam) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
We provide storage space and access for material through our site. For purposes of this User Agreement, "material" refers to all forms of communication that we may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, and logos), executable programs, video recordings, and audio recordings. You may not use this site to publish material that we determine, at our sole discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions described in "Your Conduct on the Site" above. We will not routinely monitor the contents of your online portfolio. You are solely responsible for any information contained in your online portfolios. However, if complaints are received regarding language, content, or graphics contained in your online portfolio, we may, at our sole discretion, remove the images hosted on our servers and terminate your Web hosting service. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate.
The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance is prohibited and may result in termination of your account or limitation of your activities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1, 3, 5-11, 14, and 17-19 of this User Agreement shall survive any termination.
Notices to you may be sent either to the email address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication under this User Agreement will be deemed delivered to the party receiving such communication on the delivery date if delivered personally to the party; two business days after deposit with a commercial overnight carrier, with written verification of receipt; five business days after the mailing date, if sent by US mail, return receipt requested; on the delivery date if transmitted by confirmed facsimile; or on the delivery date if transmitted by confirmed email.
You may not assign your rights and obligations under this User Agreement to any third party, and any purported attempt to do so shall be null and void. We may free assign our rights and obligations under this User Agreement. You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of this User Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce or exercise any provision of this User Agreement shall not constitute a waiver of that right or provision.