USER AGREEMENT
(“Agreement”)
ACCEPTANCE OF TERMS THROUGH USE
By using this site or by clicking “I agree” to this
Agreement, you (“User”) signify your agreement to these terms and
conditions. If you do not agree to this
Agreement please do not use this site and do not click “I agree”. Please check this Agreement periodically for
changes as the owner of this site Tee Time Friends, Inc. (“TeeTimeFriends.com”) reserves the
right to revise this Agreement and your continued use of this site following
the posting of any changes to the Agreement constitutes acceptance of such
changes. Tee Time Friends, Inc. reserves
the right to terminate a User’s use of this site at any time without notice and
may do so for any breach of this Agreement or the instructions on this site by
User. This Agreement applies to
licensors and advertisers as well.
YOU MUST BE OVER 18 TO AGREE TO THIS
AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person
over 18. If a parent or guardian wishes
to permit a person under 18, and under his or her
supervision, to use this site, he or she should email Tee Time Friends, Inc.
with his or her explicit permission and acceptance of full legal responsibility
for the minor to do so. If you are not
yet 18, if you are easily offended, or are accessing this site from any country
where material on this site is prohibited or illegal, please leave now as you
do not have permission to access this site.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, Tee Time Friends, Inc hereby grants you
a non-exclusive, non-transferable limited license to use this site in strict
accordance with the terms and conditions in this Agreement and as permitted via
instructions on this site. You agree not
to make any false or fraudulent statements in your use
of or to gain access to this site. You
acknowledge and agree that all content and services available on this site are
property of Tee Time Friends, Inc and its advertisers and licensors and are
protected by copyrights, moral rights, trademarks, service marks, patents,
trade secrets, and other proprietary rights and laws, in the U.S. and
internationally. All rights not
expressly granted herein are fully reserved by Tee Time Friends, Inc, its
advertisers and licensors. You agree
to pay for any and all purchases and services made using your name and credit
card through this Site, not to challenge any such charges and to pay for all
collections and/or attorneys fees resulting from any non-payment.
LICENSE RESTRICTIONS
Use
Except as
may be explicitly permitted through this site, you agree not to save, download,
cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce,
transmit, publicly display, publicly perform, publish, adapt, edit, or create
derivative works from materials, code or content on or from this site.
Systematic retrieval of data or other content from this site to create or
compile, Tee Time Friends, Inc directly or indirectly, a
collection, compilation, database or directory without written permission from
Tee Time Friends, Inc is prohibited. In addition, use of the content or
materials for any purpose not expressly permitted in this Agreement is
prohibited.
Security
You agree
that if you are issued a Username and Password by Tee Time Friends, Inc, you
shall use your best efforts to prevent access to this site through your
Username and Password by anyone other than yourself, including but not limited
to, keeping such information strictly confidential, notifying Tee Time Friends,
Inc. immediately if you discover loss or access to such information by another
party not under your control and supervision, and by using a Username and
Password not easily guessed by a third party.
You agree that you shall not try to
reverse engineer, reverse assemble, reverse compile, decompile, disassemble,
translate or otherwise alter any executable code, contents or materials on or
received via this site. You understand
that such actions are likely to subject you to serious civil and criminal legal
penalties and that Tee Time Friends, Inc shall pursue such
penalties to the full extent of the law to protect its rights and the rights of
its other licensors. 
Accessing this site, and services, products or contents available on this site,
except as expressly allowed through instructions and truthful statements by
the User in regard to use of this site, from places outside the
You agree that you shall comply with all applicable export and import
control laws and regulations in your use of this site, or materials or services
received through this site, and, in particular, you shall not export or
re-export anything on or received through this site in violation of local or
foreign export laws and/or without all required U.S. and foreign government
licenses.
Government Use.
If you are
a branch or agency of the U.S. Government, the following provision applies.
This site, code, contents, services and accompanying documentation are
comprised of "commercial computer software" and "commercial
computer software documentation" as such terms are used in 48 C.F.R. 12.212
(SEPT 1995) and are provided to the Government (i)
for acquisition by or on behalf of civilian agencies, consistent with the
policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf
of units of the Department of Defense, consistent with the policies set forth
in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished
rights reserved under the copyright laws of the
USER'S LICENSE GRANT TO SITE
Except with regard to personal information, all information which you post on
this site or communicate to the Company through this site (collectively
“Submissions”) shall forever be the property of Tee Time Friends, Inc. You agree to the Site Submission Rules found
here as part of this Agreement if provided on the site by Tee Time Friends,
Inc. Tee Time Friends, Inc. shall not
treat any submission as confidential and shall not incur any liability as a
result of any similarities that may appear in future Company services or
products. Without limitation, Tee Time
Friends, Inc. shall have exclusive ownership of all present and future existing
rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully
responsible for the message, including its legality, reliability,
appropriateness, originality and copyright.
You hereby represent and warrant that your Submission does not infringe
the rights of any third party.
TRADEMARKS
Tee Time
Friends, Inc, licensors’ or other third party materials, services or products
referenced on this site are common law or registered trade marks or service
marks of such parties.
THIRD PARTY SITES
You may be transferred to online merchants or other
third party sites through links or frames from this site. You are cautioned to
read such sites’ Terms and Conditions and/or Privacy Policies before using such
sites in order to be aware of the terms and conditions of your use of such
sites. These sites may contain
information or material that is illegal, unreasonable or that some people may
find inappropriate or offensive. These other sites are not under the control of
Tee Time Friends, Inc., are not monitored or reviewed by
Tee Time Friends, Inc., and Tee Time Friends, Inc. is not aware of the contents
of such sites. You acknowledge that Tee Time Friends, Inc..
is not responsible for the accuracy, copyright
compliance, legality, decency, or any other aspect of the contents or any
transmissions received through such sites. The inclusion of such a link or
frame does not imply endorsement of this site by Tee Time Friends, Inc., its advertisers or licensors, any association with its operators and
is provided solely for your convenience.
You agree that Tee Time Friends, Inc. and its licensors have no
liability whatsoever from such third party sites and your usage of them.
DISCLAIMER OF WARRANTIES
TEETIMEFRIENDS, INC., ITS
ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS
SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE
OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TEE TIME FRIENDS,
INC., ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH
REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF
THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING
ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TEE TIME FRIENDS, INC., ADVERTISERS AND/OR
ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE
THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL
BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS
SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS
SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES,
REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE
EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT
SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL TEE TIME FRIENDS, INC., ADVERTISERS AND/OR ITS
LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR
INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH
USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS
LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TEE TIME FRIENDS,
INC., ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS
AND/OR ITS RESPECTIVE LICENSORS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE
LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Tee Time Friends, Inc., its
advertisers, licensors, subsidiaries and other affiliated companies, and their
employees, contractors, officers, agents and directors from all liabilities,
claims, and expenses, including attorney's fees, that arise from your use of
this site, or any services, information or products from this site, or any
violation of this Agreement. Tee Time Friends, Inc. reserves the right, at it own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in which
event you shall cooperate with Tee Time Friends, Inc. in asserting any available defenses.
LEGAL
COMPLIANCE
Tee Time
Friends, Inc.
may suspend or terminate this Agreement or User’s use immediately upon
receipt of any notice which alleges that User has used this site for any
purpose that violates any local, state, federal or law of other nations,
including but not limited to the posting of information that may violate third
party rights, that may defame a third party, that may be obscene or
pornographic, that may harass or assault others, that may violate hacking or
other criminal regulations, etc. of its agents, officers, directors,
contractors or employees. In such event, Tee Time Friends, Inc. may disclose the User’s identity and contact
information, if requested by a government or law enforcement body or as a
result of a subpoena or other legal action, and Tee Time Friends, Inc. shall
not be liable for damages or results thereof and User agrees not to bring any
action or claim against Tee Time Friends, Inc. for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is
controlled by the Company from its offices within the State of (
Customer
Service
Tee Time Friends, Inc. provides
assistance and guidance through its customer care representatives. When
communicating with our customer care representatives, you may not to be
abusive, obscene, profane, offensive, sexist, threatening, harassing, racially
offensive, or otherwise behave inappropriately. If we feel that your behavior
towards any of our customer care representatives or other employees is at any
time threatening or offensive, we reserve the right to immediately terminate
your membership and you will not be entitled to any refund of unused subscription
fees.
Membership and Subscription; Pricing
You may
become a Member of the Service at no cost. As a Member, you will have the
ability to participate in some, but not all, of the features and services
available within the Service. In order to access additional features and
services, including the ability to communicate with other Members, you must
become a paying subscriber to the Service. Please see Join Now pages for a description of the current
subscription plans and their prices. Please note that the subscription policies
that are disclosed to you in subscribing to the service are deemed part of this
Agreement. For purposes of this Agreement the term “Member” includes
subscribers, unless where its usage indicates otherwise. From time to time,
TeeTimeFriends.com may remove the profiles of non-subscribers
Term - This Agreement
will remain in full force and effect while you use the Website and/or are a
Member. You may terminate your membership and/or subscription at any time, for
any reason, by following the instructions on the FAQ page under How do I cancel
my membership, You must send
TeeTimeFriends.com written notice of termination to Tee Time Friends, Inc.,
8466 N. Lockwood Ridge Rd. #125, Sarasota, FL 34243 as well as email notice of
termination to cancel@teetimefriends.com. If you terminate your subscription, your subscription will
remain active until the end of your then-current subscription period (that is,
the subscription period through which you had paid prior to your termination).
TeeTimeFriends.com
may terminate your membership and/or subscription by sending notice to you at
the email address you provide in your application for membership, or such other
email address as you may later provide to TeeTimeFriends.com. If
TeeTimeFriends.com terminates your membership in the Service because you have
breached this Agreement, you will not be entitled to any refund of unused
subscription fees. All decisions
regarding the termination of accounts shall be made in the sole discretion of
TeeTimeFriends.com. TeeTimeFriends.com is not required to provide you notice
prior to terminating your membership and/or subscription. TeeTimeFriends.com is
not required, and may be prohibited, from disclosing a reason for the
termination of your account. Even after your membership or subscription is
terminated, this Agreement will remain in effect. All terms that by their
nature may survive termination of this Agreement shall be deemed to survive
such termination.
Subscriptions; Charges on Your Billing Account
General - TeeTimeFriends.com bills
you through an online account (your "Billing Account") for use of the
Service. You agree to pay TeeTimeFriends.com all
charges at the prices then in effect for any use of the Service by you or other
persons (including your agents) using your Billing Account, and you authorize TeeTimeFriends.com to charge your chosen
payment provider (your "Payment Method") for the Service. You agree
to make payment using that selected Payment Method. TeeTimeFriends.com reserves the right to
correct any errors or mistakes that it makes even if it has already requested
or received payment.
Recurring Billing - Most subscription plans to the Service consist of an
initial period, for which there is a
one time charge, followed by recurring period charges as agreed to by
you. By entering into this Agreement, you acknowledge that your subscription
has an initial and recurring payment feature and you accept responsibility for
all recurring charges prior to cancellation. TEE TIME FRIENDS, INC. MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY)
WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE
(CONFIRMED IN WRITING UPON REQUEST BY TEE TIME FRIENDS, INC.) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR
PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE TEE TIME FRIENDS, INC. REASONABLY
COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR
PAYMENT METHOD.
Current Information Required
- YOU MUST PROVIDE CURRENT,
COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY
UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND
ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT
CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY TEE TIME FRIENDS, INC. IF
YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME
AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR
USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT
YOUR MEMBER ADMINISTRATION PANEL. IF YOU FAIL TO PROVIDE TEE TIME FRIENDS, INC. ANY
OF THE FOREGOING INFORMATION, YOU AGREE THAT TEE TIME FRIENDS, INC. MAY
CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT
UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU
IN WRITING UPON REQUEST BY TEE TIME FRIENDS, INC.).
Payment Method - The terms of your payment will be based on your Payment
Method and may be determined by agreements between you and the financial
institution, credit card issuer or other provider of your chosen Payment Method
(the "Payment Method Provider"). If Tee Time Friends, Inc. does not receive
payment from your Payment Method Provider, you agree to pay all amounts due on
your Billing Account upon demand.
Change in Amount Authorized - If the amount to be charged to your Billing Account
varies from the amount you preauthorized (other than due to the imposition or
change in the amount of state sales taxes), you have the right to receive, and Tee Time Friends, Inc. shall provide, notice
of the amount to be charged and the date of the charge at least 10 days before
the scheduled date of the transaction. Any agreement you have with your Payment
Method Provider will govern your use of your Payment Method. You agree that Tee Time Friends, Inc.
may accumulate charges incurred
and submit them as one or more aggregate charges during or at the end of each
billing cycle.
Auto-renewal - Your TeeTimeFriends.com subscription
will be automatically extended for successive renewal periods of the same
duration as the subscription term originally selected, at the then-current
non-promotional subscription rate. To change or resign your subscription at any
time, go to Cancel Membership. If you resign, you may use your subscription
until the end of your then-current subscription term; your subscription will
not be renewed after your then-current term expires. However, you won’t be
eligible for a prorated refund of any portion of the subscription fee paid for
the then-current subscription period.
Reaffirmation of
Authorization - Your
non-termination or continued use of the Service reaffirms that Tee Time Friends, Inc. is authorized to charge
your Payment Method. TeeTimeFriends.com may
submit those charges for payment and you will be responsible for such charges.
This does not waive TeeTimeFriends.com right
to seek payment directly from you. Your charges may be payable in advance, in
arrears, per usage, or as otherwise described when you initially subscribed to
the Service.
Free Trials
and Other Promotions - Any free
trial or other promotion that provides subscriber-level access to the Service
must be used within the specified time of the trial. You must cancel your
subscription before the end of the trial period in order to avoid being charged
a subscription fee. If you cancel prior to the end of the trial period and are
inadvertently charged for a subscription, please contact Support@teetimefriends.com to have the charges reversed.
MISCELLANEOUS
This
Agreement incorporates by reference the Site Submission Rules if this site
allows posting and posts such Rules. This Agreement constitutes the entire
agreement between the parties related to the subject matter thereof, supersedes
any prior or contemporaneous (oral, written or electronic) agreement between
the parties and shall not be changed except by written agreement signed by an
officer of the Company. If any provision
of this Agreement is prohibited by law or held to be unenforceable, the
remaining provisions hereof shall not be affected, and this Agreement as much
as possible under applicable law shall continue in full force and effect as if
such unenforceable provision had never constituted a part hereof and the
unenforceable provision shall be automatically amended so as to best accomplish
the objectives of such unenforceable provision within the limits of applicable
law. User shall not assign or transfer
this Agreement and any such transfer shall be void.
Site Submission Rules
By using features
of this site that allow you to post or otherwise transmit information to or
through this site, or which may be seen by other users, you agree that you
shall not upload, post, or otherwise distribute or facilitate distribution of
any content -- including text, communications, video, software, images, sounds,
data, or other information -- that:
·
is
unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another's privacy, tortuous, obscene, sexually explicit
or graphic, or otherwise in violation of this site’s rules or policies;
·
victimizes,
harasses, degrades, or intimidates an individual or group of individuals on the
basis of religion, gender, sexual orientation, race, ethnicity, age, or
disability;
·
infringes
any patent, trade mark, service mark, trade secret, copyright, moral right,
right of publicity, privacy or other proprietary right of any party;
·
constitutes
unauthorized or unsolicited advertising, junk or bulk e-mail (also known as
"spamming"), chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling;
·
contains
software viruses or any other computer code, files, or programs that are designed
or intended to disrupt, damage, or limit the functioning of any software,
hardware, or telecommunications equipment or to damage or obtain unauthorized
access to any data or other information of any third party; or
·
impersonates any person or entity, including any employee or
representative of this site, its licensors or advertisers.
You also agree
that you shall not harvest or collect information about the users of this site
or use such information for the purpose of transmitting or facilitating transmission
of unsolicited bulk electronic e-mail or communications for any other
commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt
to induce any physical contact with, anyone 18 years old or younger without
appropriate prior verifiable express parental consent.
This site generally does not pre-screen, monitor, or edit the content posted by
users of this site. However, this site and its agents have the right, at their
sole discretion, to remove any content that, in this site’s sole judgment, does
not comply with the Site Submission Rules or is otherwise harmful,
objectionable, or inaccurate. This site is not liable for any failure, delay,
damages or results, in removing such content.
You agree
that your use of this site may be suspended or terminated immediately upon
receipt of any notice which alleges that you have used this site in violation
of these Rules and/or for any purpose that violates any local, state, federal
or law of other nations, including but not limited to the posting of
information that may violate third party rights, that may defame a third party,
that may be obscene or pornographic, that may harass or assault others, that
may violate hacking or other criminal regulations, etc. of its agents,
officers, directors, contractors or employees.
In such event, you agree that the owner of this site may disclose your
identity and contact information, if requested by a government or law
enforcement body or as a result of a subpoena or other legal action, and the
owner of this site shall not be liable for damages or results thereof, and you
agree not to bring any action or claim against the owner of this site for such
disclosure.
This site reserves the
right to revise these Site Submission Rules at its discretion, so check back
from time to time to be sure you are complying with the current version.