Terms and Conditions
The Oahu Junior Golf Association utilizes the GHIN eClubhouse for all of its tournament and player management. Please see below for the GHIN eClubhouse terms and conditions.
GHIN ® eClubhouse Terms of Service Agreement
THE FOLLOWING DESCRIBES THE TERMS ON WHICH *GHIN eCLUBHOUSE* OFFERS YOU ACCESS TO OUR WEB SITE, PLATFORM AND SERVICES:
Welcome to GHIN eClubhouse. GHIN eClubhouse provides its Web site, platform and services (together, the "Platform") to you subject to the terms of service set forth in this Terms of Service Agreement (the "Agreement"). A statement of our privacy policy may be found at http://www.usga.org/info/privacy_policy.html
We may amend the Agreement at any time or times by posting the amended terms on our Web site. All amended terms shall automatically be effective to existing users 30 days after they are initially posted on our Web site and effective immediately to users registering after amendments are posted. This Agreement is effective for all users of our Platform.
*1. Platform*
We provide our users with a variety of resources to facilitate golf club organizing, administration and communications.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Platform and acceptable Public Information (as defined in Section 3 ("Your Information")). You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.
*2. Membership*
2.1 *Eligibility*. Our Platform is available to all individuals who follow the guidelines of the USGA Handicap System? . Our Platform is not available to temporarily or indefinitely suspended GHIN eClubhouse users. By registering to use our Platform, you represent and warrant that you follow all the rules and regulations of the USGA Handicap System. Also, you acknowledge and agree to comply with the laws of the city, county and country in which your club resides (as defined in Section 5.1). Additional eligibility requirements for particular GHIN eClubhouse clubs may be set by a club's.
We have the right, in our sole discretion, to suspend or terminate your use of our Platform and refuse any and all current or future use of all or any portion of our Platform.
2.2 *Password and Security*. When you complete our registration process you will have a password that will enable you to access our Platform. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that GHIN cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.2.
2.3 *Fees and Payments - General*. Access to our Web site and use of selected features of our Platform is fee based and determined by each club/association offering the service. There may be additional charge fees for various premium features and services that are offer. Any fees are subject to change at the sole discretion of the offering club/association and we may, in our sole discretion, add, remove or change the features and services we offer. If a new service is introduced, the fees for that service will be established at the launch of the service. If new fees or changes in the fees for an existing service are imposed, such new or revised fees shall automatically be effective thirty (30) days after they are initially posted on our Web site, as provided above. Once fees and changes become effective, you agree to pay all fees and charges specified and all applicable taxes for the services provided and benefits received. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Service (e.g., overdrawn accounts, exceeding account limits, etc.)
2.4 *Club Fees Assessed by Club Organizers; Contributions to Club Organizers.* Some GHIN eClubhouse Club Organizers may require or request that Club members pay fees in order to participate in their Clubs. Individual Club Fees are at the discretion of each Club Organizer, who decides such fees the amount, the frequency of such fees, and how such fees are spent. You may also have the option to make voluntary contributions to particular Club Organizers. In both cases, the funds are remitted to the Club Organizer and not GHIN. To the extent that you use PayPal or another payment mechanism, we are not involved in the transaction. WE ARE NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO GHIN eCLUBHOUSE; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY US, AND WE HAVE NO CONTROL OVER THIS MONEY OR THE CLUB ORGANIZERS IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT GHIN eCLUBHOUSE IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG GHIN eCLUBHOUSE PLATFORM USERS AND/OR THIRD PARTIES (together, a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. You should use common sense and be careful in deciding whether to contribute money to Club Organizers. Club Organizers have full discretion whether and how to spend money in connection with their Clubs. We cannot ensure that a Club Organizer is legitimate and truthful, that he or she will use fees as promised, or that you will be happy with how your fees are spent.
2.5 *GHIN eClubhouse Fees; New Club Activation Fee.* Club Organizers are responsible for the payment of Club Fees for each GHIN eClubhouse Club that they organize. Club Fees are paid through the subscription to GHIN eClubhouse Web site hosting services for Clubs (a "Basic Club Fee Subscription"). Each Club Fee Subscription permits the member to organize one (1) GHIN eClubhouse Club. Organizers who allow their Basic Club Fee Subscription to lapse are subject to removal as the Organizer of the Club that they lead, and their Club may be terminated or transferred to another Organizer. Basic Club Fee Subscriptions are billed on a yearly, recurring basis and are payable in advance of the subscription period with no refunds, except as set forth below. Basic Club Fee Subscriptions are non-transferable. *By purchasing a Basic Club Fee Subscription, you authorize us to keep your subscription current by charging your credit card or Paypal account the subscription fee until you discontinue your Basic Club Fee Subscription.* To discontinue future billings of your subscription, follow the 'Your Account' link displayed on each Web site page when you are signed in. Club Organizers who start new GHIN eClubhouse Clubs are responsible for the payment of a Club Activation Fee, which will be billed at the time a new Club is started. We reserve the right to limit the number of Club accounts that may be charged to a particular PayPal, credit card or other account.
*3. Your Information*
3.1 *Definition*. "Your Information" is defined as any information post or other material you provide (directly or indirectly), including through the registration process or through the use of our Platform, in any public or club review screens/tables or through email. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your Public Information (as defined below).
Any of Your Information that, through the use of our Platform or otherwise, you submit or make available for inclusion on publicly accessible areas of our Web site is referred to as "Public Information" (your name (if provided) and location are considered Public Information); any other portion of Your Information shall be referred to as "Private Information." "Publicly accessible" areas of our Web site are those areas that are available either to some or all of our members (i.e., not restricted to your viewing only) or to the general public.
You should understand that your Public Information may be accessible by and made public through syndication programs and by search engines, metasearch tools, crawlers, metacrawlers and other similar programs.
3.2 *Restrictions*. In consideration of your use of our Platform, you agree that Your Information:(a) shall not be fraudulent; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation; (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain, pornography, child pornography, or photographs of unclothed person(s); (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (h) shall not link directly or indirectly to any materials to which you do not have a right to link to or include.
In addition, you agree that you will provide us with your valid, current email address, both at the time of your registration with us and from time to time as your email address changes.
You agree that your membership profile, message board postings, uploaded pictures, or any other portions of the Web site reserved solely for member use may not be used by you for commercial activity, sales of goods or services, or promotion of a company, good, or service unrelated to the intended use of GHIN eClubhouse.
3.3 *License*. We do not claim ownership of Your Information. We will use Your Information only in accordance with our privacy policy. However, to enable us to use your Public Information and to ensure we do not violate any rights you may have in your Public Information, you grant GHIN a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise, commercialize and exploit the copyright, publicity, and database rights (but no other rights) you have in your Public Information, in any media now known or not currently known, with respect to your Public Information.
3.4 *Restriction on Use of Your Information*. Except as otherwise provided in our privacy policy, we will not sell, rent or otherwise disclose any personally identifiable information about you (including your email address) to any third party.
3.5 *Consent to Disclosure*. You acknowledge and agree that GHIN may disclose Your Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our Web site, (b) enforce this Statement or the Terms of Service Agreement, (c) respond to claims that Your Information violates the rights of third parties; or (d) protect the rights, property or personal safety of GHIN, its employees, users and the public.
*4. Use of Platform*
4.1 *Control*. You, and not GHIN, are entirely responsible for all of your Public Information that you upload, post, email, transmit or otherwise make available via our Platform. We do not control your Public Information or the Public Information of or posted by other users and do not guarantee the accuracy, integrity or quality of your Information or the Information of or posted by other users. Nor do we endorse any opinions expressed by you or other users. You understand that by using our Platform, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, your Information, Public Information or information of or posted by other users. You agree that under no circumstances will GHIN its officers, executive committee, committee members, associations, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or Information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with our Platform, or for any failure to correct or remove information.
4.2 *Grounds for Removal, Sanction and/or Suspension*. Notwithstanding any other provision of this Agreement, the following types of actions are cause for immediate repeal and/or suspension of your account:
(a) The use of our Platform to (including, without limitation, eligibility requirements):
(i) harm or intimidate another person in any way, including restricting or inhibiting any other user from using our Platform;
(ii) impersonate any person (including GHIN staff and other members), or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses, nicknames, creation of false account
(s) or any other method or device;
(iii) disguise the origin of any Public Information that is transmitted to any third party;
(iv) "stalk" or otherwise harass another;
(v) advertise merchandise, auctions, services or commercial Web sites, including offers to trade or charitable solicitations; or
(vi) collect or store personal data about other users;
(b) Posting any Public Information or other material:
(i) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of another's privacy (including the posting of private emails or contact information about another individual), hateful, or racially, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech;
(ii) that is obscene, pornographic or adult in nature;
(iii) that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(iv) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy;
(v) that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, "spam," "junk mail," and "chain letters"); or
(vi) that is inappropriate posted in bad faith, or contrary to the spirit of any GHIN eClubhouse club;
(c) Encouraging others to violate this Agreement;
(d) Refusing to follow GHIN staff instruction or direction; or
(e) Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national or international law, statute, ordinance or regulation.
(f) Transmit money to any GHIN eClubhouse club through financial accounts that are stolen, fraudulent or otherwise unauthorized.
Also, your posting of other inappropriate actions, Public Information or other materials may also warrant removal and/or suspension from our Web site. GHIN reserves the right to remove any post or other material without warning or further notice.
While we prohibit such conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the Platform and attend GHIN eClubhouse club events at your own risk.
For purposes of this Agreement, "posting" includes uploading, posting, emailing, transmitting or otherwise making available. Without limiting the foregoing, GHIN and its designees shall have the right to remove any Public Information or other material that violates this Agreement or is otherwise objectionable.
4.3 *Interference with Platform*.
You agree that you will not:
(a) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(b) interfere with or disrupt our Platform or networks connected to our Web site or through the use of our Platform, or disobey any requirements, procedures, policies or regulations of networks connected to our Web site or through the use of our Platform, or otherwise interfere with our Platform in any way, including through the use of JavaScript, active or other coding;
(c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
(d) copy, reproduce, alter, modify, or publicly display any information displayed on our Web site (except for Your Information), or create derivative works from our Web site (other than from Your Information), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of GHIN or any other third party, except with the prior written consent of GHIN or the appropriate third party.
4.4 *General Practices Regarding Use of Platform*. You acknowledge and agree that we may establish general practices and limits concerning the use of our Platform. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete any of Your Information. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
*5. Club Events*
5.1 *Tounaments, Meetings and Events*. Through our Platform we provide tools that enable our users to arrange tournaments, demonstrations, meetings and other events at various public and private venues. We do not supervise these events and are not involved in any way with the actions of any individuals at these events. As a result, we have no control over the identity or actions of the individuals who are present at these events, and we request that our users exercise caution and good judgment when attending these events.
5.2 *Release*. Because we do not supervise or control the events or interactions among between users and other persons or companies, and because we are not involved in any way with physical transportation to or from these events or with the actions of any individuals at these events, and because we do not control Paypal, credit card companies or other payment processing companies, and because we cannot guarantee the true identity, age, nationality of Platform users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Platform you agree that you bear all risk and you agree to release us (and our officers, executive committee, committee members, associations, consultants, advisers, agents, employees, affiliates, subsidiaries, and third party partners) and GHIN eClubhouse Organizers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, an event. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.
*6. Communications; GHIN eClubhouse Club Organizer*
6.1 *Our Communications*. You understand and agree that we may send you certain communications, such as GHIN eClubhouse club announcements, newsletters, service announcements and other administrative messages, and that these communications are considered part of our Platform. Your ability to opt out of these communications, if any, will be governed by our privacy policy http://www.usga.org/info/privacy_policy.html
.
6.2 *Communications with GHIN eClubhouse Club Organizer*. You understand and agree that you may receive communication from your Club organizer(s) (an "Organizer") in the normal course of utilizing our Platform. By joining a GHIN eClubhouse Club, you agree to receive communications from the Organizer, who may communicate with you through our Platform. (You may also opt-in to receiving information from other members of your Club.) If you are an Organizer, you agree to receive messages from individual members of your Club.
6.3 *GHIN eClubhouse Club Organizer*. You understand that the Organizer of a GHIN eClubhouse in which you are a member has the right, in his or her sole discretion, to temporarily suspend, indefinitely suspend or terminate your membership in the Club, to charge fees in connection with membership in the Club, limit or set eligibility requirements for Club Members, and to temporarily or permanently remove any content or information that you have posted in connection with such Club.
6.4 *Use of Pop-up Windows*. GHIN eClubhouse will not launch pop-up windows to advertise third-party products or services.
6.5 *Other Users*. We do not control the information provided by other users, which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using our Web site. Please note that is a risk that you may be dealing with underage persons or people acting under false pretense.
*7. Privacy*
GHIN undertakes regular internal privacy audits of our privacy policies and our compliance with our privacy policy statement. Our current privacy policy is available at http://www.usga.org/info/privacy_policy.html
*8. Links*
We may provide, or third parties may provide, links to other Web sites or resources. Because we have no control over such Web sites or resources, you acknowledge and agree that we are not responsible for the availability of such Web sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Web sites or resources. You also acknowledge and agree that GHIN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Web sites or resource.
9. *Dealings with Marketing Partners and Third Parties*
Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on our Web site or through our Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that GHIN shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our Web site or located through the use of our Platform.
*10. Indemnity*
You agree to indemnify and hold us and our officers, executive committee, committee members, associations, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of our Platform, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party, or your participation as a GHIN eClubhouse Club Organizer or in Club event (whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at Club events). Without limiting the foregoing, you, as a GHIN eClubhouse Club Organizer, agree to indemnify and hold us and our officers, executive committee, committee members, associations, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any GHIN eClubhouse Club Member or third party due to or arising out of your actions as a GHIN eClubhouse Club Organizer, including your use of money paid to you by members of your Club.
*11. Warranties; Liability*
11.1 *Disclaimer of Warranties*. Your use of our Platform is at your sole risk. Our Platform is provided to you "as is" and on an "as available" basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our Platform. We disclaim any warranties for any information or advice obtained through our Platform. We disclaim any warranties for services or goods received through or advertised on our Platform or received through any links provided by our Platform, as well as for any information or advice received through any links provided through our Platform.
In addition, no advice or information (oral or written) obtained by you from us shall create any warranty.
You understand and agree that you download or otherwise obtain material or data through the use of our Platform at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
11.2 *Limitation of Liability*. You agree that in no event shall GHIN be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GHIN has been advised of the possibility of such damages), arising out of or in connection with our Platform or this Agreement or the inability to use our Platform (however arising, including negligence), arising out of or in connection with Third Party Transactions or arising out of or in connection with your use of our Platform or transportation to or from Club events , attendance at Club events, participation in or exclusion from Clubs, and the actions of you or others at Club events. Our liability to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees, if any, you pay to us in the twelve (12) months prior to the action giving rise to liability, and (b) $100.
11.3 *Exclusions*. Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations in this Section 11 may not apply to you.
*12. Dispute Resolution*
12.1 *Process*. The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference, your use of our Platform, Your Information, your violation of any law or the rights of a third party, or your participation in Club Events (whether the dispute, claim or controversy is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at Club Events). In the event that the dispute, claim or controversy is not resolved by these negotiations, the matter will be submitted to Judicial Arbitration and Mediation Services, Inc. (a.k.a. "JAMS"), or its successor, for mediation pursuant to Section 12.3, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to Section 12.4. Nonetheless, legal action taken by GHIN to collect any fees and/or recover damages for, or obtain an injunction relating to, our Web site operations, intellectual property or our Platform, shall not be submitted to mediation or arbitration except as otherwise agreed to in writing by GHIN. In addition, either you or GHIN may seek any interim or preliminary relief from a Court of competent jurisdiction in Far Hills, New Jersey necessary to protect the rights or property of you or GHIN pending the completion of arbitration.
12.2 *Negotiation*. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within fifteen (15) business days with a statement of its position on and recommended solution to the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet in person or otherwise at a mutually agreeable time and place within thirty (30) business days of the date of the initial notice in order to exchange relevant information and perspectives, and to attempt to resolve the dispute.
12.3 *Mediation*. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS' panel of neutrals, and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case.
12.4 *Arbitration*. The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement that are not resolved by their mutual agreement by negotiation or mediation under Sections 12.2 and 12.3 shall be submitted to final and binding arbitration before JAMS, or its successor, pursuant to the United States Arbitration Act, 9 U.S.C. Sec. 1 et seq. Either party may commence the arbitration process called for in this Agreement by filing a written demand for arbitration with JAMS, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of JAMS' Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties will cooperate with JAMS and with one another in selecting an arbitrator from JAMS' panel of neutrals, and in scheduling the arbitration proceedings. The parties covenant that they will participate in the arbitration in good faith, and that they will share equally in its costs.
12.5 *Enforcement*. The provisions of Sections 12.3 and 12.4 may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys fees, to be paid by the party against whom enforcement is ordered.
12.6 *Notice; Waiver*. By agreeing to this Agreement you have, except as otherwise specified in Section 12.1, all disputes, claims or controversies arising out of or relating to this Agreement decided by negotiation, neutral mediation and/or neutral arbitration as provided in this Section 12, and you are giving up any rights you might possess to have those matters litigated in a court or jury trial. Also, by agreeing to this Agreement you are giving up your judicial rights to discovery and appeal except to the extent that they are specifically provided for under this Agreement. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under federal or state law. Your agreement to this arbitration provision is voluntary.
12.7 *Dispute Resolution*. By GHIN for the Benefit of Users. We may try to help GHIN eClubhouse Club members resolve disputes. We do so in our sole discretion, and we have no obligation to try to resolve disputes between users. To the extent we attempt to resolve disputes, we will do so in good faith based solely on the general rules and standards of the Platform, and we will not make judgments regarding legal issues or claims.
*13. Modifications*
We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of our Platform with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our Platform.
*14. Termination; Breach*
You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account your status as a particular GHIN eClubhouse Club member or Club Organizer, or your ability to use all or any portion of our Platform, for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the Platform under any provision of this Agreement may be effected without prior notice, and 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 our Platform. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Platform. Termination or suspension of your use of our Platform in violation of Section 3.2 will not result in refunds of membership fees paid, if any, and you will forfeit the remaining period of your paid membership, if any.
*15. Trademarks; Copyrights; Proprietary Rights*
15.1 *GHIN's Trademarks*. GHIN trademarks and service marks, and other GHIN logos, products and service names, are trademarks of the United States Golf Association^? (USGA^? ). (the "Trademarks"). Except as otherwise permitted by law, you agree not to display or use in any manner the Trademarks without GHIN's prior written consent.
15.2 *Copyrights and Trademarks of Others*. GHIN respects the intellectual property of others, and we ask our users to do the same. To the extent GHIN uses a trademark that is the property of a third party, GHIN shall provide clear notice to anyone viewing GHIN's use of that trademark that (a) GHIN does not own the trademark and that the trademark is the property of a third party, (b) GHIN has no affiliation, connection or association with that third party, and (c) that third party has not approved or sponsored GHIN's use of the trademark in any way. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our Platform to those who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information: 1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2.a description of the copyrighted work or other intellectual property that you claim has been infringed; 3.a description of where the material that you claim is infringing is located on the site; 4.your address, telephone number, and email address; 5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6.a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
Golf House
Far Hills, NJ 07931-0708
By phone: 908-234-2300
By fax: 908-234-9687
By email: legal@USGA.org <mailto:legal@meetup.com>
15.3 *Proprietary Rights*. You acknowledge and agree that our Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through our Platform or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as consented to by GHIN in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our Platform, in whole or in part.
*16. No Resale*
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Platform, use of the Platform, or access to the Platform for any sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit or the GHIN eClubhouse Club.
*17. Additional Terms*
17.1 *Notices*. Except as otherwise stated, any notice to us shall be given by certified postal mail to GHIN., Attn: Legal Department, Golf House, Far Hills, NJ 07931, or by email to legal@USGA.org <mailto:legal@meetup.com>, and any notice to you shall be given to the email address that you provided us during the registration process. Notice shall be considered given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing.
17.2 *Incorporation by Reference*. Our privacy policy statement http://www.usga.org/info/privacy_policy.html is incorporated by reference. We may change our privacy policy statement at any time or times and our changes are effective after we provide you with at least thirty (30) days notice as provided under Section 9 of our privacy policy statement ("Notification of Changes").
17.3 *Entire Agreement*. This Agreement constitutes the entire agreement between you and GHIN, superseding any prior agreements between you and GHIN. To the extent that you have previously registered with GHIN and provided Your Information, this Agreement now governs how GHIN may use Your Information, whether provided in the past or the future.
17.4 *No Agency*. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and GHIN is intended or created by this Agreement.
17.5 *Governing Law*. This Agreement and the relationship between you and GHIN shall be governed by the laws of the State of New Jersey without regard to its conflict of laws provisions; as such laws are applied to agreements entered into and to be performed entirely within New Jersey between New Jersey residents. You and GHIN agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New Jersey.
17.6 *Assignment*. You agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by GHIN, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of GHIN's assets, or similar transaction.
17.7 *No Guaranty*. We do not guarantee continuous, uninterrupted or secure access to our Platform, and operation of our Web site may be interfered with by numerous factors outside of our control.
17.8 *No Waiver*. GHIN's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.
17.9 *Severance*. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and GHIN nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
17.10 *Survival*. Sections 2.4 (Club Fees Assessed by Club Organizers; Contributions to Club Organizers), 2.5 (GHIN eClubhouse Fees; New Club Activation Fee) 3.3 (License), 3.5 (Consent to Disclosure) 4.3 (Interference with Platform), 5.2 (Release), 10 (Indemnity), 11 (Warranties; Liability), 12 (Dispute Resolution) and 17.5 (Governing Law) shall survive any termination or expiration of this Agreement.
17.11 *Limitation*. You and GHIN each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our Platform or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
17.12 *Titles*. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
*18. Disclosures; Violations*
The Platform offered under this Agreement is offered by a service of the USGA, Golf Handicap and Information Network^? (GHIN), Golf House, Far Hills, NJ 07931. Please report any violations of this Agreement by sending a notice of the violation to the Senior Director of GHIN by postal mail or email, as follows:
Postal Address:
Senior Director of GHIN.
Golf House
Far Hills, NJ 0793
