Welcome to the GolfWRX Network! We are glad you have decided to join our community, and we look forward to your participation. Before you begin, however, we ask that you review this Membership Agreement and agree to its terms. It is important that you understand both the services we provide as well as your obligations. This Membership Agreement is an agreement between you and GolfWRX Holdings Inc. (referred to in this Membership Agreement as “the GolfWRX Network,” “us,” “our” and “we”). This Membership Agreement applies to the various communication and personalization tools and services offered on the GolfWRX web sites that are part of our “community” (the “Community Services”). Many of our Community Services are available to all visitors to the GolfWRX Network, while certain of our Community Services are only available to visitors who sign up as Members by agreeing to be bound by this Membership Agreement. However, GolfWRX requires that a visitor be not less than 13 years old to become a Member, and by accepting the terms of this Membership Agreement and signing up as a Member, you are representing to GolfWRX that you meet this age requirement.
Currently, all Community Services are provided without charge.
The Community Services include our forums, as well as the following tools and services: GolfWRX BagChatter, News, Video, Reviews, photo albums, blogs, chat areas, groups, invitees, comments.
As used in this Membership Agreement:
“Members” means you (when you have accepted this Membership Agreement) and the other members of the GolfWRX Network
“Postings” means any postings by the Members in the Forums, chat areas, blogs, reviews and testimonials
“Content” means all Member-submitted content that is displayed on the GolfWRX Network other than the Postings, including your Forums and GolfWRX “profiles,” the videos you post and the photos and information on your GolfWRX Pages, and any ratings or reviews you submit but does not include emails or messages that you send or receive through the GolfWRX Email Service. “Hosts” are the individuals who host, moderate or supervise the Community Services on behalf of the GolfWRX Network, including our staff who participate in Forums and host our Blogs you acknowledge and agree that by accepting this Membership Agreement and completing the registration process, you are becoming a member of the GolfWRX Network and are agreeing to the following:
General- We reserve the right, in our sole discretion and at any time, to make changes to this Membership Agreement and our other policies concerning the use of the Community Services. (We also reserve the right, in our sole discretion and at any time, to waive or modify any of the terms of this Membership Agreement as they apply to a specific Posting or item of Content or as they apply to a specific Member, without affecting the application of these terms to any other Postings, Content or Members.) Changes will be effective when made and the updated Membership Agreement (or applicable policy) is posted on the GolfWRX Network; provided, however, that no such change shall be applicable to any dispute between you and us that arises prior to the time such change is effective. Accordingly, you should visit this page periodically to review its provisions. As described below, any Member who violates this Membership Agreement may be banned permanently from using some or all of the Community Services. If any of provision of this Membership Agreement shall be deemed invalid, void or for any other reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the balance of this Membership Agreement.
Community Services Advertisements and Communications- You understand and agree that the Community Services and the pages on which Community Services are provided may include advertisements, and that these advertisements are necessary for us to provide the Community Services. You also understand and agree that we may send you certain communications in connection with the Community Services, such as service announcements and administrative messages, and that you will not be able to opt out of receiving those communications, and that we may send you copies of any periodic newsletters or similar informative communications we send to Members generally (but you will have the opportunity to opt out of receiving future issues at any time). Any communications sent to you personally concerning your participation in the Community Services or related matters are not intended to be made public, and you agree not to post those communications in the Community Services or elsewhere on the Internet.
Availability of Community Services- While we make reasonable efforts to ensure that the Community Services are available at all times, we do not guarantee that the Community Services will be uninterrupted or error-free, and we do not guarantee that Members will be able to access or use all the Community Services or all of their features at all times. We may change, suspend or discontinue any (or all) Community Services, or any of their features, at any time. We may also impose limits on the use of or access to certain features or portions of the Community Services, or restrict your access to any part or all of the Community Services, in all cases without notice to you or liability to us. We do not guarantee that any of your Content or emails or messages sent or received through the Email Service will not be subject to inadvertent damage, corruption or destruction. You are responsible for backing up, on your own computer, any Content and emails that are important to you. You agree that we will not be responsible for any archiving or backup of any such materials, and we will not have any obligation or liability to you if any Content in your account is damaged, lost or corrupted in any way or for any reason, or for the deletion of your emails and Content if your membership is terminated or deactivated.
Keeping Your Personal Information Private- You are responsible for maintaining the confidentiality of your password. You are responsible for all usage and activity in the Community Services through your username and password, including use of your username and password by any third party. Your account is unique to you and may not be transferred to any third party. You should notify us ([email protected]) of any known or suspected unauthorized use of your username and password. We recommend that you do not give out or display in the Community Services certain personal information, such as your full name, email address, street address, phone number or password, Members should be aware that disclosure of such information raises safety concerns and may result in solicitations from third parties not authorized by the GolfWRX Web Sites or other unwanted communications. We disclaim any responsibility or liability arising from your disclosure of such personal information, or any other information, in the Community Services.
Content Management- While we have no obligation to do so, we do monitor the Postings in the Forums and many other areas of Content. However, since not all of the areas that are monitored are done so on a “real time” basis, you may see Postings or Content that violate this Membership Agreement before we do. Please report such items to our Hosts by using the Violation link on every page. We reserve the right to review all Postings and Content and to remove, or to refuse to display, any Posting or Content in our sole discretion and for any reason. However, we also reserve the right in our sole discretion to display any Posting and Content that is submitted to us (or to decline to remove any Posting or Content), even if it violates this Membership Agreement. Postings in the Forums may be revised after they are posted by Members. Other Content, including reviews of items may not be revised or deleted by Members. You understand that the Postings and Content of the other Members are based on their individual opinion and experience, which may vary significantly from one person to the next. We do not endorse or guarantee the accuracy of any Posting or Content, and you agree that we are not responsible for the accuracy of the Postings or Content and will not be liable for any damages incurred as a result of the submission or use thereof.
Member Conduct- We welcome all points of view on golf matters. However, although interactions within the Community Services occur in cyberspace, everyday manners apply. Please respect and interact with fellow Members as you would in any public arena. Civility and respect underlie the success of an on-line community; if you wish to take issue with the statements of other Members or the Hosts, please engage in healthy, mature debate and not immature behavior or name-calling. While we want to maintain an inviting environment for all visitors, disruptive conduct, such as off-topic comments in a topic-oriented discussion in the Forums, is not allowed. Neither is “spam” (i.e., posting your message in multiple places throughout the Community Services). The Forums are areas for the exchange of information and advice. Questions asked may be answered within the Forums, but please do not attempt to take the conversation out of the Forums (such as by requesting that an answer be emailed). Such actions deprive other visitors of the benefit of the Forums. General list of some Rules.
Profanity, Harassment and Other Inappropriate Conduct- You may not submit Postings or Content that are indecent, profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language), obscene, pornographic, abusive, threatening, misleading, illegal or defamatory, or any material that interferes with the ability of others to enjoy the Community Services. We wish to maintain a family-friendly, “G-rated” environment. Please use this as your guideline when in doubt. In addition, we do not tolerate Members’ harassing, threatening or embarrassing other Members, including harassment or denigration based on age, gender, race, religion, national origin, sexual orientation or disability, or the stalking other Members (“cyberstalking”). You agree not to engage in this behavior.
Illegal and Objectionable Activities- We do not allow the promotion of illegal conduct or activities or fraudulent schemes in the Community Services. Specifically, you may not advocate illegal conduct. You also agree to not engage in any illegal activity in connection with your participation in or use of the Community Services, and to not impersonate any other person, including any other Member or any Host.
Meetings Release- Because we do not supervise or control the Meetings or interactions among or between members of Meetings and other persons or companies, and because we are not involved in any way with physical transportation to or from Meetings or with the actions of any individuals at Meetings, and because we do not control PayPal, credit card companies or other payment processing companies, and because we cannot guarantee the true identity, age, nationality of Platform users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Platform, you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and Organizers and Creators or Hosts and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a Meetup Gathering. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.
Rights of Third Parties- You may not submit Postings or Content that infringe in any manner on the copyright, trademark or intellectual property rights of any person or entity, or that contain any confidential or proprietary information of any person or entity, or that otherwise violate the legal rights of any person or entity. You may insert hyperlinks in your Postings and Content to permit visitors to access copyrighted material but, except for quotes of reasonable length, you may not post such materials in the Community Services. You may not use the Community Services to distribute unauthorized copies of copyrighted material, including photos, artwork text, recordings, designs or computer programs. You may not submit Postings or Content that contain personally identifiable information about other people, such as their phone number, street address or email address, or information about other people that could result in an invasion of their privacy or their harassment. We disclaim any responsibility or liability for copyrighted materials posted in the Community Services. If you believe that your work has been copied in a Community Service in a manner that constitutes copyright infringement, please follow the procedures.
Copyright Complaints- We respect the intellectual property of others. If you believe that your work has been copied “by us or by any third party on the GolfWRX Network” in a manner that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the GolfWRX Network, including the URL of the page on which it appears;
Your address, telephone number and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on the GolfWRX Network can be reached at: GolfWRX Holdings Inc. 1100 Oakwood Blvd. Dearborn MI 48124
You may not harvest or collect information about other Members from the GolfWRX Network, including usernames, or use that information for the purpose of sending unsolicited bulk communications. You may not use or provide to any person or entity, whether or not for a fee, any directory of or information regarding other Members.
Promotions and Solicitations- You agree that, except with our prior consent, you will not upload, post, email, transmit or otherwise use any Community Service to make or distribute any unsolicited or unauthorized advertising, contests, sweepstakes, survey requests or promotional materials or implore visitors to take actions that are intended to further a personal purpose. You agree you will not use information supplied within the Community Services to do any of the foregoing, by email or any other method. You agree to not gather public email addresses from Member profiles for any purpose. You agree that your Postings will not promote, link to or encourage others to visit Golf Web sites that provide message boards, forums or chats. If you are describing, in a Posting in Forums, a transaction or dealing with an golf equipment store or dealer, you may include the dealer name and its location. However, please do not include the names of any salespeople or their telephone numbers, email addresses or other contact information. If you are posting a review in Ratings and/or Review you may not include the name or his or her telephone number, email address or other contact information of the individual with whom you dealt.
Including a link in a Posting to another Web site is permissible when appropriate in the context of answering a question posed by another Member, but not for the purpose of promoting other golf communities or third-party services or products. The Hosts will remove any link they believe does not provide value to visitors.
License of Postings and Content to Us- You agree that, by submitting Postings and Content to the Community Services, you are granting to us a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sublicensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute, display and provide to third parties those Postings and that Content throughout the world for any purpose and in any media. You are also granting to us the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your Postings and Content, as well as the right to attribute your Postings and Content to you and you waive any “moral rights” in your Postings and Content.
You agree that you will not use or reproduce any Posting or Content of any other Member in any manner or in any media, including posting or republishing any Posting or Content of another Member on any other Web site. (You may, however, occasionally reprint or post excerpts, not to exceed 50 words, from a single Posting of another Member if it is clear that the original and full Posting is available within the Community Services.) You may also display a link to, or the address of, the page of the GolfWRX Network on which any Posting or Content appears.
Reviews & Ratings- These areas of our Community Services provide you with an opportunity to describe what your experience was like with a product and to comment on the experience of others. Please be truthful and objective, using facts and not fluff. Stay on-topic and refrain from offensive personal descriptions. We do not permit name-calling, posting ads or solicitations, posting HTML or links, posting personal contact information (phone numbers, email addresses) for yourself or others, or using ALL CAPS. Please note that after a review is submitted, it may not be revised or deleted. However, you always have the ability to supplement your review by posting a comment to it.
Your Profile and Pages- As a registered member of the GolfWRX Network, you may have a social networking profile, and personal pages, on GolfWRX. Please note that you may not:
Sell or otherwise transfer your username (which is both your identity within the Community Services and included in the address of your GolfWRX pages)
Resell, rent or sublease your GolfWRX Pages
Solicit for advertisers or sponsors
Send unsolicited advertising, promotional materials or commercial solicitations to third parties, including other Members
Post sponsorships or third-party advertisements or banners
The GolfWRX Web-Based Email Service- The GolfWRX Email Service, a Web-based email service, is a free application available only to Members and that can be accessed only by visiting Mailbox on www.golfwrx.com. This Community Service is provided on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the GolfWRX Email Service. We also reserve the right to modify, suspend or discontinue the GolfWRX Email Service with or without notice at any time and without any liability to you.
No Spam or Bulk Email- You agree not to use the GolfWRX Email Service to transmit, either directly or indirectly, or facilitate the transmission of any unsolicited bulk email or unsolicited commercial email. (“Bulk email” means sending the same or substantially similar messages to more than 10 email users in a single day, but we reserve the right to block unsolicited commercial e-mail if a Member objects to receiving such email, even if it is not considered “bulk” email.) Disseminating junk mail, spam, multi-level marketing schemes, pyramid schemes or chain letters is prohibited. Similarly, you may not authorize others to use your account to send unsolicited bulk communications, or cause unsolicited bulk communications to be sent by someone else. We may use filtering technology or other measures in our efforts to stop unsolicited bulk e-mail and unsolicited commercial email. Such filtering technology or other measures may block, either temporarily or permanently, some email sent to you through the GolfWRX Email Service. This may happen even if such email does not violate our policies. We reserve the right to restrict the number of emails that a member may send in any 24-hour period to a number deemed appropriate by us in our sole discretion.
You agree to not abuse the GolfWRX Email Service in any way. Some specific examples of other prohibited actions are:
Forging of any TCP-IP packet header or any part of the header information in an email or message or otherwise putting information in the header designed to mislead recipients as to the origin of the email or message (“spoofing”)
Using another Web site’s mail server to relay mail without the express permission of the other site
Using the GolfWRX Email Service as an “emailer”
You agree that we may use any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining on the GolfWRX Email Service.
Advertisements- As consideration for using the GolfWRX Email Service, you agree that the we may display ads and other information adjacent to and potentially related to the content of your email. Relevant ad serving uses a completely automated process that enables us to effectively target dynamically changing content, such as email. No human will read the content of your email in order to target such advertisements or other information without your consent, and no email content or other personally identifiable information will be provided to advertisers as part of the email service.
Your Use of our Trade Names- You understand that you may use our “Trade Names” solely for the purposes of identifying your membership in the GolfWRX Web Sites and for no other purpose. (Our Trade Names include ” GolfWRX.com,” and all variants of that name.) You acknowledge that we own and reserve all right, title and interest in and to our Trade Names, and that we reserve the right to disapprove any use by you or by others of our Trade Names. You agree that if requested by us, you will promptly terminate all use of any of our Trade Names, and that we may so request if any use of any of our Trade Names is not in accordance with the terms of this Membership Agreement, does not meet the high standards of quality established by GolfWRX Holdings Inc. with respect to the use of our Trade Names, or would expose GolfWRX Holdings Inc. to any risk of liability or loss.
You agree not to (i) take any actions that would adversely affect our rights in our Trade Names, or (ii) file any application or other document with any governmental authority to register any corporate name, trade name, trademark, service mark, certification mark, collective mark or other similar designation that includes any of our Trade Names or any confusingly similar names, or (iii) take any other action that is inconsistent with our rights in our Trade Names (or aid or abet any third person in doing so).
Termination of Membership- Please be aware that your membership may be revoked for no reason needed. GolfWRX has the sole right to delete and or revoke your membership. Your membership may be revoked if you fail to abide by the terms of this Membership Agreement or the rules of the website. In the event this should occur, you agree not to re-register as a Member of the GolfWRX Network. Furthermore, you acknowledge that we reserve the right to take action “technical, legal or otherwise” to block, nullify or deny your ability to submit Postings and Content. You understand that we may exercise this right in our sole discretion. We also reserve the right to disable or terminate a Member’s account, without notice, if there is a period of extended inactivity. If your membership is terminated or deactivated by us, both your emails and your content may be deleted and your user name and email address associated with your account may be given to another Member without notice to you.
Community Security; Violations of Law- Violations of system and network security are prohibited, and may result in criminal and civil liability. Examples of system and network security violations include the following:
-Any automated use of the system, such as using scripts to add friends
-Use of software that allows your account to stay logged on while you are not actively using the account
-Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network.
We may investigate incidents involving such violations, any violations of this Membership Agreement that may constitute or have the potential to constitute violations of law, and any activity by Members on the GolfWRX Network that constitute or may constitute violations of law. You understand that we may report any such activity to, and cooperate with, law enforcement, with or without receipt by us of a subpoena or other legal process.
Representations and Warranties- You represent and warrant to us that all of the information provided by you to us to register as a Member and participate in the Community Services is correct and current; and that you have all necessary right, power and authority to enter into this Membership Agreement and to perform the acts required of you hereunder.
The sale and purchase and services- GolfWRX Network is not responsible for the payment for or delivery of any goods or services sold or advertised through its sponsors or any goods or services sold on the GolfWRX Network. For goods listed for sale or trade on GolfWRX Network, this website makes no warranties of title, merchantability, condition or fitness for a particular purpose.
Damages; Indemnification- You agree that you will be responsible for any damages resulting from any violation of this Membership Agreement. You further agree to indemnify and hold GolfWRX Holdings Inc. and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Membership Agreement, or any violation of any law or the rights of a third party that occurs in connection with your use of the Community Services.
Choice of Law and Forum; Attorneys’ Fees- This Membership Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, excluding its conflicts of law rules. You agree that, unless expressly waived by us or we bring an action in a different jurisdiction, the exclusive jurisdiction for any claim or action arising out of or relating to this Membership Agreement or use of the Community Services shall be in the state or federal courts of the State of Michigan, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You also agree that in the event of any action to enforce or interpret this Membership Agreement, the prevailing party shall be entitled to collect its reasonable attorney fees.