EVENT ORGANIZER BASIC TERMS AND CONDITIONS OF USE
THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”) APPLY TO YOUR USE OF GOLFDIGESTPLANNER.COM WEBSITE (THE “WEBSITE”) AS AN ORGANIZER OF A GOLF OUTING FOR THIRD PARTY GOLFERS (“PLAYERS”). BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY AND TO COMPLY WITH THE TERMS.
IMPORTANT: The Golf Digest Planner does not trade, share or sell any information collected to third parties.
Ownership. The contents of this Website are owned by the Company and are protected under copyright, trademark and other laws of the United States and other countries and international treaties. The Company retains all rights, title and interests, including copyright and other proprietary and intellectual property rights, in the Website and all material, including but not limited to text, images, and other multimedia data. The “look” and “feel” of this Website (including color combinations, button shapes, layout and other graphical elements) are also trademarks and/or copyrights of the Company. By using this Website, you agree not to copy, nor license, sell, transfer, make available or otherwise distribute the content of the Website to any entity or person without the express prior written consent of the Company. You may not copy or adapt the HTML code used to generate any page contained in this Website nor any of the data contained in the Website.
Use of Website. The Website is to be used only for lawful purposes by individuals or entities seeking to purchase entry into golf outings. You are granted a non-exclusive, non-assignable and non-transferable license to use the Website only under these Terms. This license is not a sale of any of the owner’s rights. Your password, if any, to use this Website may be used only by you, and you may not rent, lease, lend or transfer the Website or any data residing on it or any of your rights under this agreement to anyone else. Except as expressly permitted by the Company, you may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Website.
Registration and Processing Fees. As a Gold, Platinum or Platinum Plus Event, our payment processing and reporting will interface with your PayPal Business Account, Google Checkout or Authorize.net with funds deposited directly into your account with no processing fees from the Golf Digest Planner. Players can pay you with Visa, MasterCard, American Express or Discover.
In the event that you elect to have the Golf Digest Planner process online payments, the Golf Digest Planner (the “Company”) will deduct and retain 4.9% of all Registration Fees processed through the Website as a Processing Fee. The Processing Fee is inclusive of all merchant card and other bank fees resulting from credit card transactions. Upon the Company’s receipt of Registration Fees from the merchant card bank, the Company will deduct the Processing Fee and retain the balance until such time as you request distribution of such funds to you. No interest will be paid to you on any undistributed Registration Fees. The Processing Fees are not refundable under any circumstances including without limitation the withdrawal of a Player or cancellation or delay of an event. Note: The 4.9% does not apply if you have your own PayPal Business account, Google Checkout or Authorize.net account.
Disbursement Policy. All Registration Fees (less the 4.9% Processing Fee) will be disbursed to you upon your request. All requests for disbursement must be made though the Website. Disbursement requests will be processed within 5 business days following the Company’s receipt of your request. This does not apply if you use your own PayPal Business Account, Google Checkout or Authorize.net since are deposited directly into your account with no processing fees from the Golf Digest Planner.
Refund and Cancellation Policy. All event set up fees for Gold, Platinum or Platinum Plus are non-refundable. If you process payments during the free trial period, an additional processing fee may be applied if you do not continue with the event set up as a Gold, Platinum or Platinum Plus client. The Company will NOT refund Registration Fees to Players. In the event that a Player withdraws or an event is cancelled, you will be solely responsible for reimbursement of Registration Fees to the Players. You agree to defend, indemnify, and hold harmless the company, its officers, directors, employees and agents, from and against any claims, actions or demands, relating to the payment, refund or reimbursement of Registration Fees.
Termination of Usage. The Company may terminate or suspend your access to all or any part of the Website at any time, without prior notice and for any reason. The Company may also require you to resubmit any User Information in a signed, written form.
Trademarks. The names “Golf Digest Planner” and “www.GolfDigestPlanner.com” are the trademarks of the Company.
Password. You are responsible for maintaining the confidentiality of your information and, if applicable, password. You are responsible for all uses of your password, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your password.
Prohibited Uses. You may not use this Website in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, sexually explicit or hateful. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, Trojan horse, “worm” or “cancelbot” to the Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting (f) impersonating any person or entity, (g) “framing” or “mirroring” any part of the Website without the prior written consent of the Company, (h) linking to any page of the Website other than its “home” page located at “www.GolfDigestPlanner.com,” or (i) harvesting or collecting information about users of or visitors to the Website without their express prior consent. Violations of system or network security may result in civil or criminal liability.
Your Submitted Information. Although the Company has taken reasonable and appropriate measures to ensure that your User Information is delivered and disclosed only in accordance with your instructions, the Company cannot and does not guarantee that the User Information you provide will not be intercepted by others and decrypted. The Company does not trade, sell or share information with third parties.
No Warranties. THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS”. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE WEBSITE AND THE INTERNET GENERALLY. THE WEBSITE AND THE INFORMATION PROVIDED ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY THE COMPANY, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL MODIFY THE FOREGOING OR CREATE ANY WARRANTY. THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE INFORMATION ON THE WEBSITE OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability. This Website is a resource for organizing golf outings and related events. The Company does not review or make any credit decisions with respect to Player Information submitted to the Website. At the Company’s discretion, the User Information is distributed to third parties who are solely responsible for all credit decisions. Further, by using the Website (including uploading User Information to the Website) you agree and acknowledge that the Company will disclose User Information to third parties. The Company has no ability or obligation to monitor or control the possession, use or subsequent distribution or disclosure of User Information by such third parties. Accordingly, you agree that the Company will have no liability with respect to the possession, use or distribution of any User Information, including without limitation credit decisions.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGE, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM YOUR USE OF THE WEBSITE OR YOUR BREACH OF THESE TERMS.
Cancellation Policy. You agree that Company is not responsible for any cancellations or debts incurred by the input into the Website of fraudulently or incorrectly. You agree to indemnify Company against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from third party claims resulting from Player cancellation, debts, and/or misrepresentations made on the Website.
Accuracy of Posted Information. You acknowledge and agree that you are solely responsible for the content and accuracy of all User Information uploaded on this Website by you. The Website contains links to websites operated by parties other than the Company. The Company does not control these websites and is not responsible for them, including their availability, content or any viruses accessed through them.
The Company does not represent or guarantee the truthfulness, accuracy or reliability of communications posted by users or endorse any opinions expressed by users of this Website. You acknowledge that your reliance on material posted by others will be at your own risk.
General. These Terms are governed by the laws of the State of Michigan, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Wayne County, Michigan. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. These Terms constitute the entire agreement between you and the Company with respect to the use of Website and the subject matter contained herein.
The Company may change these Terms at any time by updating the Terms available on the Website, and the changed Terms will apply to you. A change in the Terms may include without limitation, adding to, deleting from, or amending the existing Terms. Any new Terms may address matters that are different than the types of matters that are then contained in the Terms. The Company will not provide you with individual notice of any change in the Terms. You should click on the “Terms and Conditions” link on the Website time to time to review the current Terms because they are binding on you.