As between you and us, we are the sole and exclusive owners of all rights, title and interest in and to the Website, its domain name and any subdomain name(s) associated with the Website, all photographs, digital and other graphics and visuals, audio, video, text, software and computer code, titles, data, and other materials comprising the Website (collectively, the “Content”), the style and design of the Website, the compilation and organization of Content, and all intellectual property rights in any of the foregoing, including, but not limited to, copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights. Your use of the Website or the products or services provided by or through it does not grant to you ownership of any of the foregoing rights. If you engage in unauthorized use of the Website or its Content, you may be in violation of copyright and other laws of the United States and/or other jurisdictions, which may subject you to civil and/or criminal liability. The trademarks, service marks, trade names and logos displayed on the Website are both registered and unregistered marks of TRIPCADDIE and its Partners (collectively the “Marks”) and use of such Marks is strictly prohibited without the express written permission of TRIPCADDIE or its respective Partners. Under no circumstances may you use the Marks in any manner that disparages or discredits TRIPCADDIE or the respective Mark owner.
Registration; Permitted Use
In order to use the products or services made available on or through the Website, you must register with us by submitting the information requested in the registration area of the Website. If you are a golf trip coordinator acting on behalf of a group of individuals (whether or not including yourself), you understand that your use of certain premium products or services available on this Website are subject to payment by you of applicable fees. We will create an account in your name based on the information you submit, and you agree to accept responsibility for all activities that occur under your account. Use of the Website is only for your personal, non-commercial use. You may terminate your registration with us by sending a message to contactus@TripCaddie.com. Any commercial or promotional distribution, publishing or exploitation of the Website or any of its Content (as defined below) is strictly prohibited unless you have received our express prior written permission. You may not download, post, display, publish, copy, distribute, transmit, modify, perform, transfer, create derivative works from, sell or otherwise exploit the Website or any of its Content. You further agree that, except as permitted for user posts on certain designated areas of the Website, you may not change, edit, delete, otherwise change the meaning or appearance of, or repurpose, any of the Website or its Content, including, without limitation, any Marks (as defined below).
You may not: (i) use the Website in violation of any applicable law; (ii) use the Website in violation of TRIPCADDIE’s or any third party’s intellectual property or other proprietary or legal rights; (iii) obtain or attempt to obtain unauthorized access to computer systems, data, software, materials or information through any means; (iv) use the Website in any manner that interrupts, damages, disables, overburdens, or impairs it, including uploading or submitting any harmful or malicious computer code of any kind; or (v) impersonate any person or entity or misrepresent your affiliation with any other person or entity (the foregoing, collectively, “User Rules of Conduct”).
Submission of Materials by You.
Except as we may specifically request, we do not and will not solicit any confidential, secret or proprietary information or other material from you through the Website, nor do we wish to receive such secret or proprietary information or other materials. Other than Your Information (defined below), any information, creative works, ideas, suggestions, concepts, demonstrations, methods, designs, plans, techniques or other materials submitted by you through the Website (collectively, “Submitted Materials”) will not be deemed to be confidential or secret and may be used by us and our business associates in any legitimate manner. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no third party has any rights thereto or therein, and that any “moral rights” in Submitted Materials have been waived; and (ii) grant us and our Partners an unlimited, royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to download, post, display, publish, copy, distribute, transmit, modify, perform, transfer, create derivative works from, sell, incorporate in other works or otherwise exploit any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including, without limitation, for promotional and/or commercial purposes. You acknowledge and agree that we are not responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time in our sole discretion.
Linking to the Website or its Contents.
Except and only to the extent permitted by us expressly in writing, you are not permitted to link, directly or indirectly, to any page or image hosted on the Website or any of the Website’s Contents. You agree not to download or use images or other Content hosted on the Website on another Website, for any purpose, including, without limitation, posting such images on another Website. You agree not to link from any other Website to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding.
Third Party Websites.
TRIPCADDIE may provide links to third-party websites, including websites owned, operated or hosted by our Partners (collectively, “Third Party Sites”), through the Website. We do not recommend and do not endorse any Third Party Sites or their content, except for Third Party Sites owned, operated or hosted by our Partners and only to the extent their content relates to goods or services offered by or through the Website. TRIPCADDIE is not responsible for the content of Third Party Sites, sites framed within the Website, Third Party Sites provided as search results, or third party advertisements; and TRIPCADDIE does not make any representations or warranties regarding the content, accuracy, compliance with state or federal law, compliance with copyright or other intellectual property laws, or protection of any personally identifiable information provided to, Third Party Sites. Your use of Third Party Sites is at your own risk and subject to the terms and conditions of use and privacy policies for such websites. TRIPCADDIE does not endorse any product, service, or treatment advertised on the Website.
DISCLAIMER OF WARRANTIES.
THE WEBSITE AND ALL CONTENT AND MATERIALS PROVIDED FROM OR THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRIPCADDIE DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, NON-INFRINGEMENT, UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR WARRANTIES WITH RESPECT TO THE ACCURACY OF CONTENT OR INFORMATION PROVIDED FROM OR THROUGH THE WEBSITE. TRIPCADDIE MAKES NO WARRANTY THAT THE WEBSITE WILL MEET USERS’ REQUIREMENTS OR FULFILL THEIR EXPECTATIONS. NO INFORMATION PROVIDED TO YOU THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION MADE AVAILABLE ON OR THROUGH THE WEBSITE NOR FOR ANY INFORMATION OR POSTING MADE AVAILABLE ON OR THROUGH THE WEBSITE WHICH MAY BE DEEMED, OR WHICH MAY CONSTITUTE, OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING MATERIAL IF MADE AVAILABLE ON OR THROUGH THE WEBSITE BY ANYONE OTHER THAN A TRIPCADDIE AUTHORIZED REPRESENTATIVE WHILE ACTING IN THEIR OFFICIAL CAPACITY.
LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER TRIPCADDIE, ITS AFFILIATES NOR SUBSIDIARIES, NOR ITS OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERSEMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS ASSOCIATES, SUPPLIERS OR ASSIGNS, WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES UNDER ANY THEORY, INCLUDING CONTRACT OR TORT, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE PRODUCTS OR SERVICES OFFERED THEREON, THE ACTS OR OMISSIONS OF ANY THIRD PARTY (INCLUDING ANY PARTNERS), OR THE SERVICES OR CONTENT OF THE WEBSITE, EVEN IF TRIPCADDIE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL TRIPCADDIE BE LIABLE OR RESPONSIBLE TO YOU FOR ANY DAMAGE TO OR FUNCTIONAL DELAYS IN COMPUTER EQUIPMENT USED BY YOU TO ACCESS, USE, BROWSE, OR DOWNLOAD INFORMATION FROM THE WEBSITE. YOUR SOLE REMEDY IN CONNECTION WITH ANY DISSATISFACTION YOU MAY HAVE WITH THE WEBSITE OR THE SERVICES PROVIDED FROM OR THROUGH IT IS TO IMMEDIATELY DISCONTINUE USE OF THE WEBSITE.
Applicable law may not allow the limitation or exclusion of liability or of incidental or consequential damages in all cases; in such cases, TRIPCADDIE’s total liability to you for any damages, losses and causes of action will not exceed the amount paid by you, if any, for using the Website in connection with the trip or other golf-related goods or services for which you are seeking damages.
Termination of Access and Use.
We may terminate, change, suspend or discontinue any aspect of the Website or the products or services offered by or through the Website at any time. We may restrict, suspend or terminate your access to the Website and/or the products or services offered by or through it if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability, except that we will refund you for any products or services for which you have already paid.
Governing law; Jurisdiction; Limitation of Action.
Jury Waiver; Arbitration.
Notice of Content Removal Procedure; Copyright Agent.
Copyright owners may report alleged infringements of their works that are posted on the Website by sending to TRIPCADDIE’s authorized agent a notification of claimed infringement that satisfies the requirements of the Digital Millennium Copyright Act (“DMCA”), including the following information: (i) a description of the material and its URL, with any other pertinent information that will allow us to locate the material; (ii) your name, address, telephone number and e-mail address; (iii) a statement that you have good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (iv) a statement that the information that you have supplied is accurate, together with an indication that “under penalty of perjury” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (v) a signature (or electronic equivalent) of the copyright holder or authorized representative. Upon TRIPCADDIE’s receipt of a satisfactory notice of claimed infringement for such works, TRIPCADDIE will respond expeditiously to remove the allegedly infringing work(s). Notification of claimed infringement should be sent to:
Attn: Jon Morse
27 North Wacker Drive, Suite 127
Chicago, Illinois 60606
Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to TRIPCADDIE, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material. If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to TRIPCADDIE to the same address listed above. Upon TRIPCADDIE’s receipt of a counter notification that satisfies the requirements of DMCA, TRIPCADDIE will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, you expressly agree that TRIPCADDIE will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
The TripCaddie Team is committed to helping you have an awesome golf trip. TripCaddie was founded on three simple concepts:
If you have any suggestions for how we can improve on any of these concepts, we would be grateful that you share it with us so we can help you and your fellow golfers.
If you have a question about how to use any of our features, see if you can find the solution in the FAQ’s. If you can’t find it there, please contact us:
Thank you for using TripCaddie.
The TripCaddie Team!
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