Terms and Conditions
Effective as of January 1st 2015. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING GolfStatLab.com. All users of this site agree that access to and use of this site are subject to all of the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Ownership
GolfStatLab.com is an official website of Golf Stat Lab LLC (a limited liability company registered in Texas, USA) and shall be referred to as "Golf Stat Lab", "GolfStatLab" and "the Operators" for the purpose of these Terms and Conditions.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of GolfStatLab.
GolfStatLab and/or their respective suppliers (as the case may be) retain all right, title, interest and intellectual property rights in and to the Software. You may not distribute, sell, or transmit the Software and you are not permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works of it.
Trademarks
All trademarks, service marks and trade names of GolfStatLab used in the site are trademarks or registered trademarks of GolfStatLab.
Description of service
GolfStatLab currently provides access to informational and interactive resources relating to golf, which may include news and teaching articles, statistics, subscription services and, personalized content (the "Service"). The Service is provided "AS-IS" and "AS-AVAILABLE" for the user ("you") and, the Operators are not responsible for the timeliness, deletion, or miss-delivery of any part of the Service.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. GolfStatLab does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. GolfStatLab does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Limitation of Liability
To the fullest extent permitted by applicable laws, neither the operators nor any of their respective directors, employees, affiliates or other representatives will be liable for any loss or damages (whether direct or indirect and whether caused by negligence or otherwise) arising out of or in connection with the use of, or inability to use, the materials in and/or the service offered through GolfStatLab and the service, including, but not limited to, indirect, special or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties (even if the operators have been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable). If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall the total liability to you of the operators and their respective directors, officers, employees, affiliates, agents or other representatives for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you for accessing GolfStatLab and the service in the 12 months prior to the action giving rise to liability.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or application process. These terms and conditions, or any part of them, may be terminated by GolfStatLab without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
The Operators may modify these terms and conditions at any time, without notice, and such modifications shall be effective immediately upon posting of the modified terms and conditions. By continuing to use GolfStatLab after any modifications are posted, you are indicating your conclusive acceptance of those modifications. GolfStatLab may add, change, discontinue, remove or suspend any other content displayed on the site, including the Service and any features and specifications of products described or depicted on the site, temporarily or permanently, at any time, without notice and without liability.
Registration
If you register with GolfStatLab, you agree to provide true, accurate, current and complete information about yourself. The Operators have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) if you provide any untrue, inaccurate, not current or incomplete information.
Account security
On registration, you will be required to choose a username, password and membership ID. You are entirely responsible for maintaining the confidentiality of your username, password, membership ID and account and, for all activities that occur under your username, password, membership ID or account, including to whom you provide your membership ID. You agree to exit from your account at the end of each session if you have logged in to help prevent unauthorized use of your username, password, membership ID or account. The Operators cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Subscription services and billing
Some services offered on GolfStatLab may be subscription-based services. If you open an account for any subscription-based service, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. The Operators use Stripe (http://www.stripe.com) to provide components of subscription-based services including to securely process payments. The GolfStatLab database does not hold any records of payment card details. Additional terms and conditions from Stripe may apply. The Operators reserve the right to change the amount of, or basis for determining, any fees or charges for subscription-based services provided by the Operators and, to institute new fees, charges, or terms effective after providing prior notice to users with subscription-based accounts ("Subscribers"). Unless otherwise specifically stated, if you are a Subscriber, upon registering or renewing any subscription-based services, refund of fees will only be made available at the discretion of the Operators. If you have any balance due on your account for subscription-based services, you agree that the Operators may charge these unpaid fees to your payment card. Your subscription-based services will be terminated, until renewed by you, at the date of subscription end. Unless the Operators notify you in advance, the renewal charge shall be equal to the current price of the subscription-based service. If payment cannot be charged to your payment card, or if the Operators are notified that you have disputed account charges with your payment card company, or your charge is returned for any reason, the Operators reserve the right to either suspend or terminate your access and account and, thereby terminating this terms and conditions and any of the Operators obligations hereunder.
Modification and termination of service
The Operators reserve the right to modify or terminate the Service (or any part thereof), temporarily or permanently, at any time and from time to time, and with or without notice. The Operators reserve the right, in their sole discretion, to terminate your username, password, membership ID, account (or any part thereof) or access to or use of the Service, for any reason, including, without limitation, if the Operators believe that you have violated or acted inconsistently with the letter or spirit of these terms and conditions and, you agree that the Operators may do so without prior notice. You also agree that the Operators will not be liable to you or to any third party for any modification or termination of the Service.
Notice
GolStatLab may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to GolfStatLab.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site shall be in the state or federal courts located in Dallas County, Texas. Any cause of action or claim you may have with respect to the site and or services must be commenced within one (1) year after the claim or cause of action arises. GolfStatLab's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. GolfStatLab may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a GolfStatLab or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Children under 16
If you are under 16, you must ask your parents or a guardian before you e-mail the Operators, or ask the Operators to e-mail anything to you, or send any information to the Operators, or register and purchase a subscription to GolfStatLab and/or use the Service. By continuing to use GolfStatLab and the Service, you are confirming that you have received the consent of your parents or guardian.
Participation Disclaimer
GolfStatLab does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, GolfStatLab is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, GolfStatLab reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to GolfStatLab in its sole discretion.
Using or permitting or facilitating others to use the Service by automated electronic processes, "robots," "spiders," "scrapers," "webcrawlers," or other automatic devises or computer programs or processes that monitor, copy, or download web pages, data or other content found on or accessed through the Service is expressly prohibited. In addition, collecting personal data about others is expressly prohibited. In addition, creating a frame, browser or border around any of the content of the Service or linking to the Service without our prior express written permission (other than a plain text-only link to the home page of the Service, which link does not in any way imply a sponsorship or affiliation with the Service or the Operators) is expressly prohibited.
Indemnification
You agree to indemnify, defend, and hold harmless GolfStatLab, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, GolfStatLab may link to sites operated by third parties. However, even if the third party is affiliated with GolfStatLab, GolfStatLab has no control over these linked sites, all of which have separate privacy and data collection practices, independent of GolfStatLab. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, GolfStatLab seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). The Operators have no control over such sites and resources and, you acknowledge and agree that the Operators bear no responsibility for the availability of such external sites or resources, does not endorse and, bears no responsibility or liability for any content, advertising, products, viruses or harmful elements, or other materials on or available from such sites or resources and, the Operators also bear no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party Web site or resource.
