Terms of Use Agreement

This Terms of Use Agreement sets forth the standards of use of the GolfLogix Online Community website (“Service”), and GolfLogix Smartphone Application (“Product”). By using the GolfLogix website and/or the GolfLogix application you (“the User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should not continue usage of this website, nor download the application. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Golflogix.com. Your continued use of the Service and Product after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.

1. Description of Product and Service

GolfLogix provides the User with a golf community website that includes golf round statistic tracking and analysis and social media services. In addition, GolfLogix allows the User to download the GolfLogix application to a compatible Smartphone to track golf statistics, provide golf course distances and other features related to playing a round of golf.

To utilize both GolfLogix’ Product and Service, Users must provide (1) all equipment necessary for their own Internet connection, including computer and modem, (2) provide cell phone service including data services and (3) pay any fees relate with such connections and services to the individual carriers.

Some GolfLogix applications provide a mobile application for free. Please be aware that a User’s normal carrier's rates and fees, such as text messaging fees, will apply. The user is responsible for any additional charges that may be incurred through the User’s carrier.

In the event you change or deactivate your mobile service, Users are responsible for updating or canceling all account information on the GolfLogix website within 14 days to ensure proper communication and billing.

2. Membership Terms

GolfLogix does not charge any fee for the User to participate in the GolfLogix community website Service. The User can opt to download the Smartphone application Product at no charge and be a Club Member at no charge. The User may opt, at their discretion, to upgrade to a Champion Member whereby annual dues will be specified and paid in advance by credit or debit card.

Champion Members payment is due annually on the anniversary of the date of membership and membership dues will continue unless a User cancels their membership by contacting GolfLogix’ Customer Service via phone, email or in writing. The User will be charged at the rate in effect at the time of renewal. A Champion Membership can be cancelled, terminated or discontinued by the User or GolfLogix, at its sole discretion, at any time.

The User is responsible for notifying GolfLogix of any change in name, billing address, email, telephone, credit card or other account information to insure uninterrupted service. To cancel GolfLogix service, the User must contact GolfLogix’ customer support department at 1-877-977-0162 or email: support@golflogix.com.

GolfLogix reserves the right to change membership fees and other charges at any time with or without prior notice.

3. Corporate Contact

The User agrees to allow GolfLogix to send information regarding the Product and Service from time to time. This information may be of a corporate, promotional, third-party advertising, or product nature. GolfLogix may contact the User via email, billing address, the GolfLogix smartphone application or through member contact on the Service website. At any time the User may opt out of receiving such information by following the specified procedure to opt-out, unsubscribe or block an application or by contacting GolfLogix’ customer support department at 1-877-977-0162 or email: support@golflogix.com. For more information on GolfLogix’ use of member information, read GolfLogix’ Privacy Policy.

4. Disclaimer of Warranties

The Service and Product are provided by GolfLogix on an ‘as is’ and on an ‘as available’ basis. To the fullest extent permitted by applicable law, GolfLogix makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Service and Product in terms of its correctness, accuracy, reliability, or otherwise. GolfLogix shall have no liability for any interruptions in the use of the Product or Service. GolfLogix disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.

GolfLogix does not warrant that its Product or Service will operate error-free or that its application, website and server are free of computer viruses and other harmful goods. If the User’s use of GolfLogix Product or Service results in the need for servicing or replacing equipment or data, GolfLogix is not responsible for those costs.

5. Limitation of Liability

GOLFLOGIX SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR GOLFLOGIX SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF GOLFLOGIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

6. Indemnification

Users agree to indemnify and hold GolfLogix, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by a User, or other User of the Service using a GolfLogix membership privilege, of any intellectual property or any other right of any person or entity.

7. Rules & Responsibilities

Users agree to not use the Service to: (i) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, a GolfLogix official, forum leader, guide or host, or falsely state or otherwise misrepresent User’s affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (v) upload, post, email or otherwise transmit any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as a marketplace or classifieds) that are designated for promotional purpose; (viii) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; or (x) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

GolfLogix shall have the right, but not the obligation, to monitor the content of the GolfLogix website, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by GolfLogix and to satisfy any law, regulation or authorized government request. GolfLogix shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the GolfLogix website.

8. Modifications and Interruption to Service or Product

GolfLogix reserves the right to modify or discontinue the Service and Product with or without notice to a User. GolfLogix shall not be liable to a User or any third party should GolfLogix exercise its right to modify or discontinue the Service, Product, or any of the Product Features at any time. Member acknowledges and accepts that GolfLogix does not guarantee continuous, uninterrupted or secure access to our website or product and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

9. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. Users acknowledge that GolfLogix is not responsible for the availability of, or the content located on or through, any third-party site. Users should contact the site administrator or webmaster for those third-party sites if Users have any concerns regarding such links or the content located on such sites. Use of third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. GolfLogix encourages all Users to review terms of use and privacy policies of third-parties sites.

Any dealings with advertisers found on the GolfLogix site are solely between the User and that advertiser. GolfLogix shall not be responsible for, or liable for, any losses or damages that occur in any dealing Users may have with any advertisers on the website. Users agree to assume the sole risk in dealing with any of said advertisers.

10. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While GolfLogix makes every effort to ensure that the information on its website is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on this website. Any reliance on representations and warranties provided by any Vendor shall be at a User’s own risk.

11. Governing Jurisdiction of the Courts of Arizona

Our website is operated and provided in the State of Arizona. As such, we are subject to the laws of the State Arizona, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Arizona.

12. Compliance with Laws

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

13. Copyright and Trademark Information

All content included or available in the GolfLogix product application and websiteincluding site design, text, graphics, golf course data/layout, interfaces, and the selection and arrangements thereof is the property of GolfLogix and/or third parties protected by intellectual property rights. Any use of materials on the websiteor application, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of GolfLogix is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy GolfLogix web pages or the content contained therein without prior written permission of an authorized officer of GolfLogix.

GolfLogix is a registered trademark of GolfLogix, Inc. GolfLogix’ trademarks may not be used in connection with any product or service that is not provided by GolfLogix, nor is it to be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GolfLogix.

All other trademarks displayed on GolfLogix’ website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with GolfLogix.

14. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by GolfLogix, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.