"The Stick"

Terms and Conditions of Use

BY ACCESSING, USING, OR DOWNLOADING MATERIALS FROM WWW.GOLFZING.COM (“SITE”), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE (“TERMS”) AND OUR PRIVACY POLICY, JUST AS IF YOU HAD SIGNED THESE AGREEMENTS IN A PAPER CONTRACT. IF YOU DO NOT ACCEPT THESE TERMS OR OUR PRIVACY POLICY, PLEASE DO NOT USE THIS SITE. OUR SITE IS NOT INTENDED FOR CHILDREN UNDER THE AGE OF 13. IF YOU ARE 13 OR OLDER, BUT UNDER THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE (TYPICALLY 18) YOU NEED YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION BEFORE USING THE SITE OR REGISTERING.

The information on this Site is provided without charge as a convenience to visitors, to be used only for informational purposes. While we have tried to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors, for which we apologize. We reserve the right to make changes and corrections at any time, without notice. 

Legal Disclaimer. THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Further, we do not warrant that the functions contained in the materials on this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the servers that make such materials available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the materials on this Site in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction. We may make changes to the materials and services at this Site, including the temporary or permanent cessation of all or any portion of this Site, at any time without notice. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. 

Children.  

Our Site is not intended for children under 13.  If you are 13 or over, but are under the age of majority in the jurisdiction in which you live (typically 18), you must have your parent or legal guardian’s permission to use our Site, register or participate in any promotional offers.  Certain features or functions of the Site may have additional age requirements or restrictions.  By using or attempt to use our Site you certify that you are 13 years of age or older and, if under the age of majority, you have your parent or legal guardian’s permission to use our Site, register or participate in promotional offers.

Promotional Offers.  Through the Site, we may provide you with access to certain promotional offers, classifieds or other games or contests, provided by us or a third party participating on our Site (each a “promotional offer”) which relate to certain events, products and/or services. We will always make every effort to provide you with any additional terms and conditions or rules associated with any promotional offer. If you participate in a promotional offer through the Site, you may be presented with certain coupons, confirmations or other indicia related to the particular promotional offer which may relate to a discount on certain events, products or services or some other benefit (each, a “confirmation”).  Our Site has a finite, and therefore limited, capacity and some confirmations and/or responses to your communications in relation to promotional offers may not be processed in a timely fashion. You acknowledge and agree we assume no liability, responsibility or obligation to transmit, process, store, receive or deliver any confirmations or other communications regarding promotional offers or for any failure, inaccuracy or delay in such receipt or delivery. Do not rely on the timeliness or performance of our Site for any confirmations, transactions or other communications. We take no responsibility for any promotional offer, confirmations, or the events, products and/or services for which a confirmation may be redeemed including, without limitation, one of our member courses and/or any third party’s failure to, wholly or in part, honor any promotional offer or redeem any confirmation.  We make no warranty to any user with respect to the quality, safety, usability, or other aspect of the event, product and/or service for which the confirmation may be redeemed or otherwise related to a promotional offer.  The party extending the promotional offer sells and/or provides the event, products and/or services relating to a promotional offer and, as between us and such party, is solely responsible with respect to such events, products and/or services.  So, if you have a customer service issue relating to an event, product and/or service obtained in connection with a promotional offer, you must contact the party extending the promotional offer.  Some promotional offers may provide a discount for services or activities that involve a potential risk of bodily harm.  For such services or activities, we assume no responsibility and, as between you and us, you hereby accept full risk and responsibility for your own actions in utilizing the products and/or services and/or participating in the events for which the promotional offer can be redeemed.

 Posting. 

Our Site may allow you to register, create a profile or account and enable you to submit, provide, furnish, transmit, exchange, communicate and/or display information (referred to as “Posting”). By Posting, you represent that you own or have the right to engage in the Posting and you specifically agree your Posting shall not violate any law or regulation, our Terms or the rights of others.

Your Postings are your responsibility and unless and until you notify us that you know or suspect the security of your User ID, log-in and password may have been compromised, so are Postings made by anyone else if they are using your registration, profile, user account or User ID or password and you will defend and indemnify us for any such Postings.  If you determine or suspect someone using your User ID or password, please notify us immediately at support@golfzing.com. 

Rules of Conduct.

You may never use, allow or enable others to use our Site or knowingly condone use of our Site to do or attempt to:

violate any laws, regulations, judicial or governmental order, treaties or our rights or the rights of any other person, firm or enterprise;

engage in conduct which is or could be considered libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive;

impersonate any other  person, firm or enterprise or any of our or their employees and agents;

use our Site for Posting or otherwise using malicious or unauthorized code, (e.g., viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful material or information or in any way interrupt, damage, interfere with , destroy or limit the functionality of any computer software or hardware or communication equipment, including our Site;

gain unauthorized use of our Site, other users accounts, names, log-in or password information, personally identifiable information or use our Site in any manner which violates or is inconsistent with the provisions or spirit of our Terms;

modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of our Site or the rights or use and enjoyment of our Site by any other person, firm or enterprise; 

collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, submitted, provided or made available by or concerning any other person, firm or enterprise;

engage in any activity or fail to report any activity involving SPAM, junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and “phishing” or other similar schemes; or

Our Liability to You. You assume all responsibility and risk for the use of this Site.  Decisions based on information contained in this Site are your sole responsibility, and in exchange for using this Site you agree to hold us harmless against any claims for damages arising from any decision you make based on such information. In no event shall we be liable for any damages whatsoever, whether direct, indirect, special, consequential, exemplary, or punitive (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or in any way in connection with the use, inability to use, or the results of use of this Site, any promotional offers, any web sites linked to this Site, or the materials or information or services contained at any or all such Sites. These limitations apply whether a claim is based on warranty, contract, tort, strict liability, statute, or any other legal theory, and whether or not you were advised of the possibility of such damages, except for cases of gross (but not ordinary) negligence or willful misconduct on the part of us.  If your use of the materials, information, or services from this Site results in the need for services, repair, or correction of equipment or data, you assume all costs thereof. 

 Your Sole Remedy. IF YOU ARE DISSATISFIED WITH THIS SITE, ANY PROMOTIONAL OFFER, ANY SERVICE PROVIDED HEREON, OR ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. 

 Applicable Laws, Jurisdiction and Venue. We make no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptations in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, USA, WITHOUT GIVING EFFECT TO ANY choice of law rules which may direct the application of the laws of any other jurisdiction. Any dispute in connection or relating to your use of this Site shall be heard only in a federal or state court of competent jurisdiction located in Los Angeles County, California. By using this Site, you irrevocably consent to the jurisdiction of such courts. If any of the terms stated herein are found to be unlawful or unenforceable for any reason, that provision will be severable from the rest of these terms and shall not affect the enforceability of the remaining terms. These terms constitute the entire agreement between us with respect to your use of the Site, and these terms may only be amended in a writing signed by an officer of American Golf Corporation or by American Golf Corporation posting such amendment on this Site. A printed version of these terms shall be admissible in judicial or administrative proceedings based upon or relating to these terms or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

 Hypertext Links. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of websites accessible by hypertext link from this Site, or websites linking to this Site. If you decide to access linked third party websites, you do so at your own risk and remain responsible for reviewing and abiding by the privacy statements and terms of use posted at any linked websites. 

 No Endorsement. References in this Site to any products, services, processes, hypertext links, or other information, by trade name, trade mark, manufacturer, supplier, or otherwise, do not necessarily constitute or imply our endorsement, sponsorship, or recommendation. 

 Rights to Information Submitted. By providing information (such as feedback, data, answers, questions, comments, suggestions, plans, graphical, audio-visual content or ideas) to us (whether through a Posting or otherwise), you agree that such information shall be non-confidential and non-proprietary. Information that is yours, remains yours and neither our Terms, nor your use of our Site is intended to deprive you or anyone of any existing rights to information. You also agree that we shall have a non-exclusive, irrevocable, unconditional, transferable, perpetual, worldwide, royalty free license and unlimited right to use, distribute, reproduce, publish, broadcast, adapt, display, perform, translate, modify, create derivative works from and disclose such information worldwide as we deem appropriate, without compensation or acknowledgement of its source.  This does not apply to personal information, however, and we refer you to our Privacy Policy regarding personal information. We shall be free to use any ideas, concepts, know-how, or techniques contained in information you provide us through this Site, including but not limited to developing, manufacturing, and marketing products or services incorporating or otherwise based on such information. You are solely responsible and liable for any information submitted under your User ID, name, user name, email address, password and/or your registration, subscription and/or profile information, if any. By providing information to us, you are representing to us you have the right to submit the information and grant the rights and license described above. If anyone else has or may have rights to the information you are submitting, it is your responsibility to find out and obtain whatever agreements, licenses and rights you need from them to do so, because if and when you submit information to us, you will be solely responsible and liable and you will defend and indemnify us.  If we determine, in our sole discretion, you have not complied with any of our Terms or if, in our judgment, you or any information submitted by you violates these Terms, we reserve the right, at any time, without notice and without limiting any and all other rights we may have, at law or in equity, to (a) refuse to allow you to submit information again, (b) remove and delete your profile, any information you have submitted, and/or (c) revoke your registration and right to use all or any of our Site.  If you have questions or comments about this Site, use the "Contact Us" link in the footer of the Site. 

 Framing and Deep Linking Prohibited. You may not frame this Site nor provide a link to a page other than the home page of this Site without our express permission. 

 Copyright Notice. You are responsible for obeying all applicable copyright laws. We permit you to copy materials published on this Site for your personal, non-commercial use or use within the organization that employs you. American Golf’s name, logos, and trademarks may not otherwise by used in any manner without the prior written consent of American Golf. 

 Except as otherwise noted, all the contents of this Site and downloads from it are copyrighted by American Golf Corporation. Any rights not expressly granted herein are reserved. 

 Ownership of the Trademarks on this Site. The name American Golf, the American Golf red, white and blue logotype(s), the Golf Learning Centers logos, Golfers Club logos, Platinum Club logo and any other marks used on the Site, are trademarks of American Golf Corporation. 

 Other names, words, titles, phrases, logos, icons, graphics, or designs contained in this Site may also be considered trademarks, trade names, or design marks of American Golf Corporation, its subsidiaries or affiliates. The display of such trademarks, trade names, or design marks in this Site (including those specifically mentioned in the preceding paragraph) does not imply that a license of any kind has been granted to any other party. Any unauthorized use regarding publication, copying, or modification of the information contained in this Site, including trademarks, trade names, and design marks, may violate applicable legislation and may result in legal action. 

 General. We may revise these Terms at any time by updating this posting. You are advised to visit this page from time to time to review the then-current terms because they are legally binding on you. Certain provisions of these terms may be superseded by expressly designated legal notices located on particular pages at this Site or by terms of any written contracts between you and American Golf Corporation or any of its affiliates. 

Notice and Procedure for Making Claims of Copyright Infringement.

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our Designated Agent. 

THE FOLLOWING INFORMATION IS SOLELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.  DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE) TO THE CONTACT LISTED BELOW.  YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.  WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNERS LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. 

Written notification must be submitted to the following Designated Agent: 

Service Provider(s): American Golf Corporation

Name of Designated Agent to Receive Notification of Claimed Infringement: Elyse Cook 

Full Address of Designated Agent to Which Notification Should be Sent: 2951 28th Street, Suite 300, Santa Monica, CA 90405

Telephone Number of Designated Agent: 310-664-4295

Email Address of Designated Agent: support@golfzing.com

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following: 

(1)  An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest; 

(2)  Identification of the copyrighted work (or works) that you claim has been infringed; 

(3)  A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.); 

(4)  A clear description of where the infringing material is located on our Site, including as applicable its URL, so that we can locate the material; 

(5)  Your name, address, telephone number, and e-mail address; 

(6)  A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 

(7)  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 owners behalf.

This Site is owned by American Golf Corporation, whose registered office is 2951 28th Street, Santa Monica, California 90405. References to the terms “we,” “our” and “us” in these Terms refer to American Golf Corporation, its parents, subsidiaries, and affiliates, and each of their officers, shareholders and employees. 

For reference:  Our Privacy Policy can be reviewed at any time at http://www.golfzing.com/privacy-and-usage. 

© Copyright 2010 American Golf Corporation.  All Rights Reserved.