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LAGOLFCLUBS.com Terms of Use AGREEMENT BETWEEN YOU AND LAGOLFCLUBS.com The following are the terms and conditions for use of the LAGOLFCLUBS.com hosting and web site software for individuals, golf clubs, golf organizations and golf associations. Please read them carefully. The use of the software and services incidental thereto are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. By accessing and/or using the web sites owned, operated and/or maintained by LAGOLFCLUBS.com, you expressly agree to comply with, and be bound by, the following Terms of Use and the Active Privacy Statement, as well as all applicable laws and regulations. MODIFICATION OR AMENDMENT OF THESE TERMS OF USE LAGOLFCLUBS.com reserves the right to update or change these terms, conditions, and notices from time to time to reflect changes in the services, changes in the laws affecting the services, and for other good reasons. LAGOLFCLUBS.com will attempt to notify you of major changes, but you are responsible for regularly reviewing these terms, conditions, and notices and for knowledge of all changes or amendments. Your continued use of LAGOLFCLUBS.com software after any such change or amendment shall constitute your consent to same. Unless explicitly stated otherwise, any new features that change or improve the LAGOLFCLUBS.com software shall be subject to these Terms of Use, as modified from time to time. PRIVACY AND PERSONAL INFORMATION For your protection, LAGOLFCLUBS.com does not sell, share, or distribute in any way your e-mail address or ANY other personal, business, or any kind or type of data to anyone (i.e., 3rd party) without your express written consent. Any player information is for LAGOLFCLUBS and your club use only. MEMBER PARTICIPATION AND SECURITY You are responsible for maintaining the confidentiality of content on your web site including all player information. Furthermore, you are entirely responsible for any and all activities that occur under your account. LAGOLFCLUBS.com cannot guarantee the security or confidentiality of information contained on your web site. In addition, since each player in your club can control his or her own personal information and remove it, or request that it be removed by their club administrators, individual members and their club are solely responsible for any player information that is contained on the LAGOLFCLUBS.com server. MEMBER CONDUCT AND SITE CONTENT As a condition of your use of the LAGOLFCLUBS.com software, you warrant to LAGOLFCLUBS.com that you will not use the software for any purpose that is unlawful or prohibited by these Terms of Use. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur in the operation of your web site, including the content of your transmissions through the use of LAGOLFCLUBS.com software. You further agree not to transmit, upload or display on your web site any obscene, offensive, profane, inappropriate or unlawful material ("inappropriate content"). LAGOLFCLUBS.com reserves the right to monitor the web site content of Member Clubs and to terminate access to any Member Clubs who continues to display inappropriate content on its site. Each Member Clubs will be allocated a sufficient amount of disk storage space for the effective operation of their club web site, not to exceed 500 megabytes of disk storage, exclusive of the images and graphics used by LAGOLFCLUBS.com in the basic page design for each club. INTELLECTUAL PROPERTY RIGHTS The LAGOLFCLUBS.com software and the web pages designed with the use of the LAGOLFCLUBS.com software are the exclusive intellectual property of LAGOLFCLUBS.com and shall not be copied, used or appropriated without the express written consent of LAGOLFCLUBS.com. Neither you nor a Member Clubs may modify the content of the LAGOLFCLUBS.com software, or pages designed with the use of the LAGOLFCLUBS.com software, without LAGOLFCLUBS.com's prior written authorization. You may, however, print pages for members using the LAGOLFCLUBS.com software, or members may print LAGOLFCLUBS.com pages for the purpose of administering tournaments and distributing club information. DISCLAIMERS OF WARRANTIES YOU EXPRESSLY AGREE THAT USE OF LAGOLFCLUBS.com IS AT YOUR SOLE RISK. LAGOLFCLUBS.com IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LAGOLFCLUBS.com makes no warranty that the LAGOLFCLUBS.com software services will be uninterrupted, secure or error free. LAGOLFCLUBS.com does not guarantee the accuracy or completeness of any information in, or provided in connection with, the LAGOLFCLUBS.com software. LAGOLFCLUBS.com is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the LAGOLFCLUBS.com software is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data. LIMITATION OF LIABILITY LAGOLFCLUBS.com shall have no responsibility or liability for any threatening, defamatory, illegal, or confidential content that you or any Member Clubs place on your web sites. You hereby agree to defend, indemnify and hold LAGOLFCLUBS.com harmless from any claim or liability that may arise from text, material, photographs or other content placed in a Member Clubs' web site. Additionally, a Member Clubs' site may elect to include web links to other web sites. LAGOLFCLUBS.com shall have no responsibility for the content of any such other web sites, and you shall defend, indemnify and hold LAGOLFCLUBS.com harmless from any liability arising from the content of web links placed on Member Clubs' web sites. In no event shall LAGOLFCLUBS.com and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or claims in any way connected with the use or performance of the LAGOLFCLUBS.com software or related web sites, or for the delay or inability to use the LAGOLFCLUBS.com software or related web sites, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the LAGOLFCLUBS.com software, or otherwise arising out of the use of the LAGOLFCLUBS.com software, whether based on contract, tort, negligence, strict liability or otherwise, even if LAGOLFCLUBS.com or any of its suppliers have been advised of the possibility of such damages. If you are dissatisfied with any portion of the LAGOLFCLUBS.com software, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the LAGOLFCLUBS.com software and its related web sites. Each Member Club shall protect, defend, indemnify and hold LAGOLFCLUBS.com free and harmless from any claim arising from the activities of its individual members. INDEMNIFICATION You agree to defend, indemnify and hold LAGOLFCLUBS.com, its agents, parent companies, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the LAGOLFCLUBS.com software TERMINATION LAGOLFCLUBS.com reserves the right, at its sole discretion, immediately and without notice to suspend or terminate (i) these Terms of Use; (ii) your registration with or ability to access LAGOLFCLUBS.com software and/or any other service provided to you by LAGOLFCLUBS.com upon any breach by you of the Terms of Use or upon conduct that LAGOLFCLUBS.com determines to be inappropriate. You are entitled to terminate your use of LAGOLFCLUBS.com’s services at any time, upon giving written notice. FEES The fees, regardless of monthly usage, or any other fees, are as stated in the sign-up Agreement you executed on the commencement of services. These include the basis for the charges, the amount of the charges and the duration of the fee arrangement. LAGOLFCLUBS.com will deliver these services for the specified charges unless LAGOLFCLUBS.com ceases to deliver these services to all clubs or associations to which it provides its software. Credit Card fees, which is a completely optional service provided by LAGOLFCLUBS.com, are subject to change based on current market conditions and interest rates. However, all credit card fees will be displayed with all credit card transactions of the LAGOLFCLUBS.com adminstration pages. There will be no hidden charges. CREDIT CARD SERVICES LAGOLFCLUBS.com makes no warranties in connection with the use of credit cards to pay for any club business (i.e., tournaments and membership fees). LAGOLFCLUBS.com uses a leading firm in the Internet business, PAYPAL (www.paypal.com), to process credit card transactions on a secured, encrypted server but does not guarantee any transaction to be free from abuse, misuse or any and all other fraudulent activities that might occur in the process of credit card transaction processing. Checks must be requested within 18 months of the tournament date. Also, if a check is returned after it has already been issued and the club did not cash the check after the STANDARD 90 check window and it was returned to us because of that reason: If the club wants a new one issued that is a $200 charge per check. ADVERTISING LAGOLFCLUBS reserves the right to advertise ANYWHERE on the LAGOLFCLUBS site at their, and only their, sole discretion. Any club that disagrees with any AD LAGOLFCLUBS has displayed on a club site, has the right to give an immediate notice and find other web site services elsewhere. LAGOLFCLUBS will gladly give that club a prorated refund on whatever club fees they had paid for the year in which they terminate. Advertising solicited by individual member clubs is not allowed on member club web sites without the explicit permission of LAGOLFCLUBS.com. Advertising whether it is on the home page, news page, tournament page or contact us page in any form (text, image, link or any other form) OR IN EMAIL FORM or on any PLAYER or ADMINSTRATION page is not allowed without first contacting LAGOLFCLUBS.com. Individual player businesses can be listed (including displaying business cards) on individual member player profile pages. If individual clubs wants to contract individual advertisers, LAGOLFCLUBS.com has a cooperative advertising program where both parties (individual club and LAGOLFCLUBS.com) share in the revenue. EMAIL All current members of any LAGOLFCLUBS golf club OR previous members still active in our database by use of the LAGOLFCLUBS website at any time, are automatically OPT -IN to LAGOLFCLUBS emails. These emails may include general clubs news. LAGOLFCLUBS news, event announcements, and various advertisments and offers LAGOLFCLUBS will present to their members. All present and previous members have the option with any email to immediately OPT-OUT if they do not want to recieve any LAGOLFCLUBS emails anymore. GENERAL This Agreement is governed by the laws of the State of California, and the United States of America. Use of the LAGOLFCLUBS.com software is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, the provisions of this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and LAGOLFCLUBS.com as a result of this Agreement or use of the LAGOLFCLUBS.com software. LAGOLFCLUBS.com's performance of this Agreement is subject to existing laws and legal processes, and nothing contained in this Agreement is in derogation of LAGOLFCLUBS.com's duty to comply with governmental, court and law enforcement requests or requirements relating to your use of the LAGOLFCLUBS.com software or information provided to or gathered by LAGOLFCLUBS.com with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 shall continue in full force and effect. Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the user and LAGOLFCLUBS.com with respect to the LAGOLFCLUBS.com software, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LAGOLFCLUBS.com with respect to the LAGOLFCLUBS.com software. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and LAGOLFCLUBS.com agree that any cause of action arising out of or related to this Agreement must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. In any legal action commenced relative to this Agreement, Los Angeles County, California shall be the exclusive venue. The section titles in this Terms of Use document are solely used for the convenience of the parties and have no legal or contractual significance. RIGHTS RESERVED Any rights not expressly granted herein are reserved.