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9 septembre 2010
CONDITIONS OF USE AGREEMENT
YOUR GOLF CLUB SELECTED RCGA NETWORK TO SERVE YOU
Welcome to the RCGA Network. The RCGA Network is a web-based network application owned and operated by GolfNet, Inc. (GN). The golf club you joined has selected the RCGA Network to provide you and your fellow members with the ability to manage and maintain a Royal Canadian Golf Association (RCGA) Handicap Factor® as well as to use other “Golf Life” management and related tools and services. GN and its affiliates provide these tools, goods and services to you subject to the following conditions. If you use RCGA Network (where “use” is defined as visiting; signing-up and subscribing to RCGA Network; signing-up to set-up or participate in events or tournaments or leagues; or shopping at RCGA NETWORK or its affiliates and linked sites), you accept these conditions. Please read them carefully. In addition, when you use any current or future GN or RCGA Network services (e.g., club, league or event creation; Provincial Association Membership sales; golfer registrations in clubs, leagues and events; product purchases; etc.) or visit or purchase from any business affiliated with or linked to RCGA Network, whether or not included in the RCGA Network Web site, you also will be subject to the guidelines and conditions applicable to such service or business. Please read the following RCGA Network Conditions of Use Agreement and click the "Yes, I agree" button below to consent to your agreement and continue, or click the "No, I do not agree" button to quit: Important Note: Upon completion of your RCGA Network registration and with your payment for a golf club membership that includes access to RCGA Network, you agree that you have received a valuable service, and therefore you agree that no less than $25.00 of your club membership fee is non-refundable. Other polices on refunds for any reason including club membership fee refunds should be addressed directly with your club leadership.
ABOUT GOLFNET AND THE RCGA NETWORK
GN is a provider of technology-enabled solutions for communications, marketing, and commerce to golf course owners and other key stakeholders in the golf industry. The company is dedicated to increase participation and enjoyment of the game for all golfers regardless of age, race, sex, skill level, location, and type of club affiliation. GN is the sole owner and operator of the RCGA Network, a Web-based system that connects golfers with golf courses, clubs, CPGA professionals, leagues, tournaments, media, associations, and other golf organizations. RCGA Network was developed in collaboration with course owners and managers, club owners and managers, CPGA professionals, tournament and league managers, and other key industry stakeholders to increase revenues and decrease costs for such businesses while significantly improving the accessibility, functionality, and integrity of the RCGA Handicap System.
HANDICAPS AND YOUR CLUB’S COMPLIANCE WITH THE RCGA
Many golfers are confused over how to get a RCGA Handicap Factor®. The only way any golfer can get a RCGA Handicap Factor® is to join a golf club or golf association that is recognized by the RCGA. Like the RCGA, RCGA Network cannot and does not issue handicap factors directly to golfers. Therefore, your club is solely responsible for remaining in compliance and good standing under the Rules of Golf and the RCGA Handicap System for it to properly and appropriately issue a RCGA Handicap Factor®. By accepting this agreement, you acknowledge and understand that if your club fails to follow all of the procedures of the Rules of Golf and the RCGA Handicap System, the RCGA may not permit it to use any part of the RCGA Handicap System nor to refer to the handicap it issues or certifies for you as a "RCGA Handicap Factor®." You may order a copy of the Handicap System rules for a nominal charge from the RCGA (800) 263-0009 or view them at http://www.rcga.org. GN recognizes and supports the position of the RCGA as the governing body of golf in Canada as well as the governing body for handicapping standards in Canada GN through RCGA Network adheres carefully to all RCGA published guidelines as published in the RCGA Handicap System manual as well as its related Decisions on the handicap system. Moreover, RCGA Network seeks to support every golf club’s efforts to promote the integrity and compliance with the Rules of Golf and RCGA Handicap System, rules, formulas and standards for peer review. The RCGA Network system includes excellent tools to assist golf club handicap committees in observing and enforcing the RCGA Handicap System. Such compliance is essential to enabling clubs to issue RCGA Handicap Factors®, recognized and accepted nation-wide. However, you agree that you cannot hold GN or RCGA Network responsible or liable for any reason for loss of scores or information you enter, incorrect RCGA Handicap Factor® calculations, incorrect slope or course ratings, incorrect information or profiles, lost winnings, lost earnings or compensation, or personal inconveniences any damages (financial or otherwise) due to but not limited to system failures or interruptions, club failures or errors, unwillingness of any entity to accept or recognize an RCGA Handicap Factor® calculation, security breaches, intellectual property infringement, acts of nature, system outage, human error, or unauthorized use or access of the RCGA Network system or records.
PRIVACY
To understand our practices, please see our Privacy Notice that you agree also governs your RCGA Network use.
LICENSE AND SITE ACCESS
For users (as defined above) of RCGA Network, GN grants a limited license to access and make personal use of RCGA Network and its related products and services. GN does not grant the right to download (other than page caching) or modify it, or any portion of it, except with express written consent of GN. This license does not include any derivative use of this site or its contents; any downloading or copying of account information for the benefit of any merchant; any use of data mining, robots, or similar data gathering and extraction tools; or any resale or commercial use of this site or its contents unless (i) specifically granted by GN in writing, or (ii) as specifically provided and defined by the terms and conditions provided for and agreed to by organizers of clubs, tournaments or events. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GN. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GN or our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing GN or RCGA Network names or trademarks without the express written consent of GN. Any unauthorized use terminates the permission or license granted by GN. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the RCGA Network home page so long as the link does not portray GN or RCGA Network, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any GN or RCGA Network logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR RCGA NETWORK ACCOUNT AND PLAYER PROFILE
If you use this site, you are responsible for maintaining the confidentiality of your RCGA Network account information (including your user name and password and RCGA Network player identification number) and for restricting access to any computer on which you store personal or RCGA Network account information, and you agree to accept responsibility for all activities that occur under your account or password. RCGA Network does not sell products or services to children, but it does sell them to adults who can purchase with a credit card for themselves or on behalf of children. If you are under 18, you may use RCGA Network only with involvement of a parent or guardian. RCGA Network and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
So long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam," RCGA Network visitors and users may: (i) establish clubs/events/tournaments/leagues; send e-messages to other RCGA Network users; share user information; and use other communications tools as provided and allowed by the system; and (ii) submit suggestions, ideas, comments, questions, content observations or other information to GN You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content. RCGA Network reserves the right (but not the obligation) to remove or edit content, but does not regularly review posted content. If in using RCGA Network you do submit material, and unless we indicate otherwise, you grant RCGA Network and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant RCGA Network and its affiliates and sublicense the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify RCGA Network or its affiliates for all claims resulting from content you supply. RCGA Network has the right but not the obligation to monitor and edit or remove any activity or content. RCGA Network takes no responsibility and assumes no liability for any content posted by you or any third party.
ELECTRONIC COMMUNICATIONS
When you visit or use RCGA Network or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of RCGA Network or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of RCGA Network and protected by U.S. and international copyright laws. All software used on this site is the property of RCGA Network or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
“ RCGA Network”, ”RCGA Network Score Attestation,” “Golf Life Management,” “Good for the golfer, good for the game”, and other GN or RCGA Network graphics, logos, page headers, button icons, scripts, slogans, and service names are trademarks or trade dress of GolfNet, Inc. or its subsidiaries. GN’s trademarks and trade dress may not be used in connection with any product or service that is not GN’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GN, RCGA Network or subsidiaries. All other trademarks not owned by GN or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GN or its subsidiaries.
PATENTS
One or more United States and international patents for this site have been applied for and U.S. Patent Numbers will be posted here from time to time.
COPYRIGHT COMPLAINTS
RCGA Network and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward to GN notice of your claims of copyright infringement.
PRODUCT DESCRIPTIONS
RCGA Network and its affiliates attempt to be as accurate as possible. However, RCGA Network does not warrant that product descriptions or other content of RCGA Network or its affiliates or linked sites are accurate, complete, reliable, current, or error-free. If a product offered by RCGA Network or its affiliates or linked sites is not as described, your sole remedy is to return it in unused condition to the source that made the sale.
OTHER BUSINESSES
Parties other than GN and subsidiaries may provide services, or sell products on our behalf through this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. GN does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS RCGA NETWORK SITE IS PROVIDED BY GN ON AN "AS IS" AND "AS AVAILABLE" BASIS. GN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, COMMUNICATED BY OR THROUGH USE OF RCGA NETWORK INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES; MEMBERSHIP OR PARTICIPANT BENEFITS; GOODS OR SERVICES OFFERED BY CLUBS, TOURNAMNETS, EVENTS, LEAGUES AND OTHER ENTITIES; OR ANY PARTICULAR BUSINESSES’ OR ENTITIES’ MERCHANTABILITY AND FITNESS TO MAKE OFFERS OR TO SERVE A PARTICULAR PURPOSE. GN DOES NOT WARRANT THAT THIS RCGA NETWORK SITE, OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting RCGA Network, you agree that the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and RCGA Network or its affiliates.
RETURN POLICY
If you make a purchase other than your RCGA Network membership, your rights to a refund may depend on what was purchased. For a period of 30 days, you may request refunds on purchases made from RCGA Network, and refunds may be limited. Purchases made from RCGA Network include RCGA Network memberships, certain provincial association memberships, registrations to participate in certain events, leagues or tournaments, or other products or service that are stated to be through us but not through one of our partners, affiliates or sites linked to ours. However, upon your completion of the RCGA Network registration and with your payment for an RCGA Network membership, you agree that you have received a valuable service, and you further agree that for that service $25.00 of your RCGA Network membership will be non-refundable. If you register for events or tournaments, please review their specific refund policies. If you purchase any other item from us, or if you receive an item different than what was described, please contact us directly within 30 days via e-mail for a refund. Refunds are typically processed within one week of the request. The funds will be credited to your credit card or bank account. RCGA Network at no time can take responsibility for purchases made from third parties such as partners, affiliates, linked sites, or certain clubs. Please note that items purchased from our partners, affiliates, linked sites or certain clubs need to be returned directly to them and not to RCGA Network.
DISPUTES
Any dispute relating in any way to your visit to RCGA Network or to products and services you purchase through RCGA Network or affiliates shall be submitted to confidential arbitration in Minneapolis, Minnesota, except that, to the extent (i) any disputes arising with any club/event/tournament/league should be made and resolved directly with them, and the resolution of disputes related to payments for memberships/benefits/fees that are made directly to clubs/events/tournaments/leagues/affiliates (whether or not you authorize such payments while using RCGA Network) are the sole responsibility of you and the club/event/tournament/league/ affiliate in question and not GN; or (ii) you have in any manner violated or threatened to violate GN’s intellectual property rights, GN may seek injunctive or other appropriate relief in any state or federal court in the state of Minnesota, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Privacy Policy posted on this site. These policies also govern your visit to RCGA Network. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS AND CONTACT INFORMATION
GolfNet, Inc.
5 Dowd Circle
Suite B
Pinehurst, NC 28374
Email:
NetworkSupport@GolfNet.com
Phone: 1-910-215-8800
http://www.golfnet.com/
RCGA Network: Linking Canada’s Golf Community
http://www.rcganetwork.org
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