TERMS OF USE

The following terms and conditions (the “Terms of Use”) govern your use of TripCaddie.com (the “Website”) and any content, products or services made available from or through the Website. The Website is made available by TripCaddie, LLC (“TRIPCADDIE”, “we” or “us”). It is your responsibility to carefully read and understand these Terms of Use before using the Website or any products or services made available on or through it. As used throughout these Terms of Use, the term “Partner” means those affiliates, tour operators, resorts, hotels or other providers of golf-related goods or services with whom we have a contractual relationship for the provision of golf-related goods or services, or with whom we believe we will have such a relationship and who have consented to us holding ourselves out as such.

Acceptance of these Terms of Use; Changes to these Terms of Use.

Your use of the Website constitutes your acceptance of these Terms of Use. If you do not wish to accept the Terms of Use, you must stop using the Website. TRIPCADDIE expressly rejects any terms and conditions proposed by you concerning your use of the Website or any products or services made available from or through it. TRIPCADDIE may at any time change, modify or replace these Terms of Use (including changing or modifying fees and use charges). Any changes, modifications or replacements to or of these Terms of Use will be effective immediately when they are posted on the Website, and any use of the Website by you after such posting will be deemed to constitute your acceptance of such changes, modifications or replacements. It is your responsibility to periodically review these Terms of Use. Changes or modifications to fees and use charges will only apply to new or upgraded purchases made after such changes or modifications have been posted on the Website.

Fees.

If you purchase any paid or premium products or services through the Website, you agree to pay all applicable fees associated with your account. You hereby authorize TRIPCADDIE to automatically charge the credit card or PayPal® account you register with us for all applicable fees for products and services that you purchase on the Website. Unless otherwise expressly stated in these Terms of Use, all fees and charges are nonrefundable.

Proprietary Rights.

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).

Prohibited Uses.

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”).
We cannot and do not assure that other users of the Website are or will be complying with the foregoing User Rules of Conduct or any other provisions of these Terms of Use, and as between you and us you hereby assume all risk of harm or injury resulting from any such lack of compliance.

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.

Your Information.

As part of your registration at our Website or otherwise in the course of your use of the Website, you may be asked to provide certain personalized information to us including, but not limited to, your name, phone number, email address, details concerning golf trip schedules, financial institution account information, and/or similar information concerning your participation in an applicable golf trip or purchase of golf-related goods and services (collectively, “Your Information”). TRIPCADDIE’s information collection and use policies with respect to the privacy of Your Information are set forth in our privacy policy located at http://www.TripCaddie.com/privacy-policy (the “Privacy Policy”). You acknowledge and agree that you are solely responsible for the accuracy and content of Your Information.

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.

Indemnification.

You will indemnify, defend and hold harmless TRIPCADDIE, its affiliates and subsidiaries, and its and their respective shareholders, directors, officers, employees, agents, representatives, business associates and suppliers (collectively the “Indemnified Parties”) from and against any and all third party claims, suits, causes of action or liabilities (including reasonable attorneys’ fees and court costs) (collectively, “Losses”) brought against or incurred by any Indemnified Party arising out of your use of the Website (including any content you submit or transmit through it), your violation of these Terms of Use, your violation of applicable law, or your violation of any rights of a third party. In connection with any such Losses, TRIPCADDIE reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with TRIPCADDIE’s defense of such claim.

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.

These Terms of Use are governed by the laws of the State of Illinois, applicable to contracts entered into by residents of Illinois and fully performed in Illinois. The United Nations Convention on Contracts for the International Sale of Goods (1980) is excluded in its entirety from application to these Terms of Use. You expressly agree that exclusive jurisdiction for any dispute with TRIPCADDIE, or in any way relating to your use of the Website, resides in the state and federal courts of the State of Illinois and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts located in the State of Illinois in connection with any such dispute involving TRIPCADDIE or its affiliates and subsidiaries, and its and their respective directors, officers, shareholders, employees, representatives, business associates, suppliers and agents. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED.

Jury Waiver; Arbitration.

All parties to these Terms of Use waive their respective rights to a trial by jury with respect to any dispute arising out of or in connection with this Agreement, before any court or other forum of competent jurisdiction. You agree that TRIPCADDIE may elect to resolve any controversy or claim arising out of or relating to these Terms of Use by binding arbitration in accordance with the rules of the American Arbitration Association. Any such controversy or claim will be arbitrated in Chicago, Illinois on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. You and TRIPCADDIE will each pay an equal portion of the arbitration fees and costs.

Miscellaneous.

If any provision of these Terms of Use is found to be invalid, illegal or unenforceable by any court having competent jurisdiction, the validity, legality and enforceability of any such provision in every other respect and of the remaining provisions contained in these Terms of Use will not be in any way impaired, it being intended that all of the rights and privileges of the parties to these Terms of Use will be enforceable to the fullest extent permitted by law. If any court determines that any of the provisions of these Terms of Use, or any part thereof, are unenforceable for any reason, such provision will be reduced so that such provision becomes enforceable and, in its reduced form, such provision will then be enforceable and will be enforced. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition, and our failure to assert any right or provision under these Terms of Use will not constitute a waiver of such right or provision.

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:

TripCaddie, LLC
Attn: Jon Morse
27 North Wacker Drive, Suite 127
Chicago, Illinois 60606
Email: contactus@TripCaddie.com

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.

Notices.

Except as explicitly stated otherwise in these Terms of Use, any notices required to be given `to us must be made via email to: contactus@TripCaddie.com and any notices required to be given to you will be made to the email address you provided to TRIPCADDIE during your registration or such other address as either party may specify. Notice will be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid or that the message was otherwise returned as undeliverable. Such emails will satisfy any legal requirement that communications be made in writing.

These Terms of Use were last updated on 6/25/2010.

Customer Service

Customer Service

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.

Ways to Connect with Us

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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