OUR TERMS OF SERVICE
Welcome to GolfBizNetwork.com, a web site operated by Networking WW LLC, a limited liability
company with offices located in King County, WA (the "Site"). This document explains the terms
and conditions for using our Site (the "Agreement"). By using this Site it tells us that you have
read and consent to this Agreement and any new version of it posted since your last visit.
If the Agreement is not acceptable, then please do not use our Site. This Agreement was last
updated on: March 27, 2007.
THE SITE
Access and Use To visit or use the Site in any manner you represent that you are at least 18 years
of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older.
By visiting the Site or accepting the Agreement, you represent and warrant to GolfBizNetwork.com
that you have reached the age of majority in your jurisdiction, and that you have the right,
authority and capacity to agree to and abide by the terms of the Agreement. You also represent and
warrant to GolfBizNetwork.com that you will use the Site in a manner consistent with any and all
applicable laws and regulations.
License GolfBizNetwork.com grants you a limited, revocable, nonexclusive license to
access the Site for your own personal or business use. This license does not include any collection,
aggregation, copying, duplication, display or derivative use of the Site nor any use of data mining,
robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly
permitted by GolfBizNetwork.com. You may not display our our Site in whole or part within a frame
or border, or "deep link" or harvest our Site in whole or part from below our top-most URL. You
will remove any such link to our Site that we find objectionable promptly upon request. A limited
exception is provided to general purpose internet search engines and non-commercial public
archives that use such tools to gather information for the sole purpose of displaying hyperlinks
to the Site, provided they each do so from a stable IP address or range of IP addresses using an
easily identifiable agent. "General purpose internet search engine" does not include a website or
search engine or other service that specializes in classified listings or in any subset of
classifieds listings or which is in the business of providing classified ad listing services.
Reservation of Rights All content, communications, software applications, digital
products, updates and features of this Site are copyrighted by the Site, its owners, suppliers or
other third parties in part and in whole. We reserve all rights not specifically granted to you.
This means permission to use the Site and related intellectual property rights will be narrowly
interpreted by a court in our favor. Except as specifically authorized in this Agreement, you may
not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate,
publicly display or perform any copyrighted material from this Site. You may not reverse engineer
our Site or any software obtained from it to discover its underlying design or inner workings
(and you will hold in confidence for our benefit alone anything discovered in violation of this
provision). If you infringe our intellectual property rights or exceed the scope of permitted use
of this Agreement, you agree that we could be irreparably injured and may obtain a court order
without necessity of posting bond to enjoin you from further mischief.
Use of the Site beyond the scope of authorized access granted to you by GolfBizNetwork.com
immediately terminates said permission or license. In order to collect, aggregate, copy,
duplicate, display or make derivative use of the Site or any content made available via the
Site for other purposes (including commercial purposes) not stated herein, you must first obtain
a license from GolfBizNetwork.com.
USER PUBLISHED CONTENT & SUBMISSIONS
Account & Password If you create an account, you represent that you are at least
18 years of age or older, or the age of majority as that is defined in your jurisdiction,
whichever is older, and that to the best of your knowledge and belief, your posted information is
truthful, accurate and complete. A user name and password may be assigned or will be chosen by you.
You are responsible for maintaining the secrecy of your password and for activities occurring
under your account. Be sure to change your password promptly and notify us if you believe your
account is being accessed by others. Each user must register separately. You may not give or loan
your user name and password to others.
Ad Page The Site allows users to create ad pages, upload images and manage User
Content for their page(s) ("Ad Pages"). Ad Pages are for your business, individual and commercial
use. You understand that all postings, messages, text, files, images, photos, video, sounds, or
other materials ("User Content") posted on, transmitted through, or linked from the Site, are the
sole responsibility of the person from which the User Content originated. More specifically, you
are entirely responsible for all User Content that you post, email, or otherwise make available
via the Site. You understand that GolfBizNetwork.com does not control, and is not responsible
for User Content made available through the Site.
Ad Page User Content All User Content submitted to this Site must be the property of the
submitter or the submitter must have attained a release from the copyright holder for the display
of the submitted User Content. The submission of Content by the submitter to the Site will act as
verification that the submitter is in compliance with the law regarding copyright infringement and
the submitter certifies to have attained the proper releases from copyright holders where
applicable.
License User published content remains the intellectual property of the individual
user. By posting User Content on our site, you grant GolfBizNetwork.com a non-exclusive, perpetual,
irrevocable, royalty-free, worldwide, 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, whether now known or hereafter discovered. In addition, you warrant that
all so-called "moral rights" in those materials have been waived. You are responsible for any
releases, clearances and permissions (including those relating to privacy and rights of publicity)
necessary for GolfBizNetwork.com to post the User Content and exercise its rights under this
paragraph.
Prohibited Behavior You will not post, upload, store or disseminate any User Content or
make any Communications which violate or infringe the intellectual property or privacy rights of
any person or which a reasonable person would consider abusive, profane, hateful, racially or
ethnically offensive, which are defamatory or harassing, or which violate or encourage others to
violate this Agreement or any applicable law.
You will not post, upload, store or disseminate any User Content that is unlawful, harmful,
threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is
harmful to minors in any way.
You will not post, store, upload or transmit pornographic or obscene images or files.
You will not post, upload, store or disseminate any User Content that violates the Fair Housing Act
by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory
preference based on race, color, national origin, religion, sex, familial status or handicap
(or violates any state or local law prohibiting discrimination on the basis of these or other
characteristics).
You will not use the Site to violate any applicable law, including domestic or foreign securities
laws or regulations. In order to protect itself, GolBizNetwork.com may without liability actively
cooperate with and furnish identifying and supporting information to any person likely to be
harmed or affected by your violation of this Agreement and to any law enforcement agency
conducting an investigation.
You will not make any Communication that employs misleading email addresses, or forged headers
or otherwise manipulated identifiers in order to disguise the origin of User Content transmitted
through the Site.
You will not impersonate our personnel or disrupt the orderly operation of the Site.
You will not post, email or otherwise make available User Content that advertises any illegal service
or the sale of any items the sale of which is prohibited or restricted by any applicable law,
including without limitation items the sale of which is prohibited or regulated by International
laws.
You also agree not to make any Communication that encourages users to terminate their use of the
Site or to use a competitor's service.
Unsolicited Commercial Email (Spam) The use of our Site or its tools to generate or
send unsolicited email (spam) is strictly prohibited and is a violation of this Agreement and
certain federal and state laws. Such violations may subject the sender and his or her agents to
civil and criminal penalties.
Security Rules Users are prohibited from violating or attempting to violate the
security of the Site including without limitation: Accessing data not intended for such user or
logging into a user account which the user is not authorized to access; Attempting to probe,
scan or test the vulnerability of the Site or to breach security or authentication measures
without proper authorization; Attempting to interfere, via means of submitting, posting, or
otherwise make available User Content that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment. Violations of Security Rules may result
in civil or criminal penalty.
Right to Remove User Content or Block Access We reserve the right to remove any
User Content posted on our site at any time for any reason. GolfBizNetwork.com will make
decisions as to whether User Content violates any of this Agreement in its discretion after we have
actual notice of such posting. Without limiting our right to remove User Content, we have attempted
to provide guidelines to those posting content on our site. Further, you agree that
GolfBizNetwork.com shall not be liable to you or any third party for any termination of your
ad(s) or access to GolfBizNetwork.com.
Data Management & Disclosure We reserve the right to manage and operate our
system resources and to archive or delete any files stored on our Site at any time. You are
responsible for making back-up copies of any User Content that you wish to preserve. We may archive
or delete files stored in accounts that have been inactive for an extended period of time, as
determined by the Site. We do not claim any ownership rights in the User Contents under your account.
We may disclose the contents of your account (a) as required by law or legal process, (b) to
protect or defend the rights of the Site, (c) to enforce this Agreement, or (d) to protect the
interests of any other user.
APPLICABLE CHARGES & PAYMENT
Payment for services is due prior to the activation of a listing and/or any advertising service.
No refunds, exchanges and/or cancellations to an ad are possible once an ad has been activated on
the Site. By placing an ad, you agree to limit any claim for the Site's failure to post the ad
and waive any claim for consequential, incidental, or other special damages. All posted ads are
subject to review. We reserve the right to refuse any ad we find to be in violation of this
Agreement without notice.
THIRD PARTY LINKS AND ADVERTISERS
Content, goods or services may be offered by third parties through listings, hyperlinks or
advertisements contained on our Site or through Ad Pages that are controlled by third party
providers. These are offered as a convenience to you. We have no control over and do not endorse
third party content, goods or services. GolfBizNetwork.com is not responsible for User Content or
content made available through the Service, and that by using the Service, you may be exposed to
User Content or content that is offensive, indecent, inaccurate, misleading, or otherwise
objectionable. We act as a distributor and not as a republisher of third party content and as an
advertising channel for third party goods and services. Third party providers may change, add or
discontinue their content or offerings at any time without notice. They may impose additional or
different conditions on your use of their content or services (please read any additional terms
that may be posted by such providers). WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING
CONTENT, GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS. YOU WILL LOOK SOLELY TO THE
THIRD PARTY PROVIDER FOR ALL CLAIMS REGARDING SUCH MATTERS.
SYSTEM SECURITY
We offer secure web pages to collect certain kinds of information from users and we store certain
kinds of sensitive information in encrypted form. We follow reasonable technical and management
practices to help protect the confidentiality, security and integrity of data stored on our
system. While no computer system is completely secure, we believe the measures implemented by our
Site reduce the likelihood of security problems to a level appropriate to the type of data
involved.
OUR PRIVACY POLICY
Our Privacy Policy for this Site is posted at our main page and various pages throughout the Site.
The terms of that Policy, and any future amendments to it, are hereby incorporated by reference in
its entirety into this Agreement and subject to these terms. Third parties providing goods or
services to you (including those advertising or providing links on our Site) may have privacy
policies or practices that differ from our own. Please check their sites' privacy disclosures for
details.
WARRANTIES & LIABILITIES
Warranty Disclaimer USE OF GOLFBIZNETWORK.COM IS AT YOUR OWN RISK. THIS SITE
(INCLUDING ALL INFORMATION, CONTENT, USRER CONTENT COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE AND SERVICES)
MAY INCLUDE INACCURACIES, ERRORS AND DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT
WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY,
WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED.
THE SITE IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS,
CONTENT OR TRANSACTIONS ENTERED INTO WITH THE SITE. THE SITE IS NOT RESPONSIBLE FOR ANY HARASSING,
DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES, OR FOR ANY INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS BY THIRD PARTIES.
No Advice THIS SITE DOES NOT DISPENSE PROFESSIONAL SKILL, ADVICE OR JUDGMENT OF A
REGULATED OR PROFESSIONAL NATURE, INCLUDING LEGAL, MEDICAL, ACCOUNTING, FINANCIAL, BUSINESS OR
OTHER PROFESSIONAL CALLING. ALL INFORMATION, CONTENT, USER CONTENT AND COMMUNICATIONS SHOULD BE
INDEPENDENTLY VERIFIED BY YOUR OWN PROFESSIONAL ADVISERS.
Limitation of Liability YOU AGREE THIS SITE IS NOT LIABLE FOR ANY DIRECT DAMAGES
EXCEEDING THE AMOUNT, IF ANY, ACTUALLY PAID TO IT BY YOU DURING THE SIX (6) MONTHS PRECEDING THE
EVENT GIVING RISE TO YOUR CLAIM. IN NO EVENT IS THE SITE LIABLE WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY INDIRECT, PUNITIVE, SPECIAL,
EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT, LOST
GOODWILL, LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF SUCH
POSSIBILITY. THIS LIMITATION IS A MATERIAL CONDITION TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE
AND HAS BEEN FACTORED INTO THE AGREEMENT AS A WHOLE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING
LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION IS INDEPENDENT OF REMEDY LIMITS.
Indemnification You agree to defend, indemnify and hold harmless the Site and its
officers, directors, owners, agents, employees, advisers and consultants, from and against any
claims, actions, demands, liability, damages (including legal and professional fees) asserted by
any third party and arising from your use of the Site, your conduct, all content, communications,
alleged infringement of third party intellectual property or privacy rights, or violation of this
Agreement.
Limitation of Remedies You agree that if the Site breaches this Agreement, your
sole and exclusive remedy will be to terminate this Agreement and your relationship with the Site.
This applies regardless of whether the remedy fails of its essential purpose.
Protected Parties THE WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND
RESERVATION OF RIGHTS CONTAINED IN THIS AGREEMENT PROTECT THE SITE, ITS OFFICERS, DIRECTORS,
OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS,
RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS.
FORCE MAJEURE
The Site is not responsible for any delay or failure in performance of the Site in whole or in
part for any reason including, without limitation: fires, floods, storms, earthquakes, civil
disturbances, disruption of telecommunications, transportation, utilities, services or supplies,
governmental action, computer viruses, corruption of data, hacker attack, incompatible or
defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or
diminishes any disclaimer under this Agreement.
NO OUTSIDE CONTACTS
Because of the uncertainty and lack of uniformity of laws in other jurisdictions (particularly as
applied to Internet sites), it is important to agree that our Site operates solely in King County,
Washington (our "Locality"). You are using the Internet as your own agent to access and use our
Site from the local Internet point of presence (POP) here in our Locality and you are using the
Internet or public carrier as your local agent to take delivery of any information, products or
services in our Locality. This means all operations, services, deliveries, performance and
contacts of our Site occur solely in our Locality. Our Site does not submit to personal
jurisdiction anywhere else and you irrevocably waive any claim to the contrary.
INJUNCTIVE RELIEF
If you violate or exceed the scope of this Agreement or infringe our proprietary rights, you
agree we would be irreparably harmed and may (in addition to other relief and without having to
post bond) obtain a court order enjoining you from further mischief.
GOVERNING LAW
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF
WASHINGTON (USA), WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU AGREE TO INITIATE AND
MAINTAIN ANY LEGAL ACTION IN SUCH DESIGNATED JURISDICTION AND IRREVOCABLY CONSENT TO EXCLUSIVE
PERSONAL JURISDICTION AND VENUE THEREIN. YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL
LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES OR PEOPLE (e.g., MINORS). You agree that
U.S. District Courts can hear cases involving copyright issues between us. Since we make no
warranties and have limited our liabilities, you should have little reason to have a copyright
grievance with us. Should you nevertheless bring legal action against us, you irrevocably agree it
will be brought and maintained on an individual basis (and not consolidated with similar cases)
within one (1) year after the claim arises or be barred. As disincentive for unwarranted litigation,
you agree that if you sue us and don't win on the merits, you will pay our defense costs, including
reasonable legal fees for in-house and outside counsel. If we are required to enforce this
Agreement or our rights, you irrevocably accept legal notices and papers by electronic mail at
your last known email address (we would also attempt to send you a backup copy by regular mail).
TECHNOLOGY & DATA TRANSFER
Technology Transfer The transport of technology, technical data and information
across national boundaries is regulated by the U.S. and certain foreign governments. You agree not
to directly or indirectly export or re-export any information, software or technology obtained
from or through the Site that requires an export license or governmental approval without first
obtaining that license or approval. This provision will survive termination of our Agreement.
European Union Residents If you reside in the European Union (EU) or if any
transfer of information between you and our Site is governed by the European Union Data Protection
Directive or national laws implementing that Directive, then you consent to the transfer of such
information outside of the European Union to your country and to such other countries as may be
contemplated by the features and activities provided by the Site.
U.S. GOVERNMENT RESTRICTED RIGHTS
To the extent used by U.S. government personnel: this is a computer data base that constitutes
restricted computer software and is provided with RESTRICTED RIGHTS. Use, duplication or
disclosure by the Government is subject to restrictions as set forth in the Commercial Computer
Software clause at DFARS 227.7202-3 or subparagraphs (c)(1) and (2) of the Commercial Computer
Software- Restricted Rights clause at 48 CFR 52.227-19, as applicable. Contractor is Networking WW
LLC, a limited liability company with offices located at P.O. Box 2522, Issaquah, WA 98027.
RELATIONSHIP OF PARTIES
There are no third party beneficiaries of this Agreement. The parties are independent to one
another and are not related by franchise, partnership, employment, joint venture or otherwise.
This Site is not a party to any transaction between you and any third party advertisers or
suppliers. You will look solely to the third party for all claims regarding their goods, services
or information.
RIGHT TO RELY ON INSTRUCTIONS
The Site may act in reliance upon any instruction, information, document, filing, name, email
address or user password that meets the Site's automated criteria or which is believed by the
Site's personnel to be genuine. For any password protected areas, the Site may assume a person
entering a user name address and associated password is, in fact, that user or is authorized by
that user to act on its behalf. The Site may assume the latest email addresses and registration
information on file with the Site are accurate and current. When programmed to do so, the Site may
take prescribed actions in the absence of receiving proper and complete contrary instructions.
CHANGES TO SITE
We reserve the right to modify, change or discontinue the Site or any feature at any time without
notice. You agree that the Site is not liable to you or to any third party as a result of any such
action. We invite users to make suggestions for ways that the Site can be improved. If you make a
suggestion, you authorize us to use the idea and to publish your name in connection with the
submission. We do not pay compensation for using submissions.
TERMINATION
Either party may terminate this Agreement in their sole discretion, at any time with or without
cause and regardless of the stated registration period otherwise applicable. We reserve the right
to suspend or terminate operation of this Site, or any feature of this Site, at any time upon
notice. Protections afforded to us and to third parties by this Agreement will survive termination.
If this Agreement is suspended or terminated as a result of unauthorized use or infringement of
rights to content obtained from the system, you agree that upon request, you will destroy all
copies of such content in your possession or under your control.
INFORMATION CONTROL
User Content or third party ads does not represent the views of GolfBizNetwork.com or any
individual associated with GolfBizNetwork.com, and we do not control this User Content or third
party ads. In no event shall you represent or suggest, directly or indirectly, GolfBizNetwork.com
endorsement of User Content or third party ads. GolfBizNetwork.com does not vouch for the accuracy
or credibility of any User Content or third party ads on our site, and does not take any
responsibility or assume any liability for any actions you may take as a result of reading User
Content or third party ads on our site. You may be exposed to content , User Content or third
party ads that you may find offensive, objectionable, harmful, inaccurate or deceptive; there may
also be risks of dealing with underage persons, people acting under false pretense, or
international trade and foreign nationals. By using our Site, you assume all associated risks.
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following
specific consumer rights information.
Pricing Information: Current rates for using the Site may be obtained via the
"Post an Ad" hyperlink within the Site. The Site reserves the right to change fees, surcharges or
to institute new fees at any time, as provided in this Agreement.
Complaints: The Complaint Assistance Unit of the Division of Consumer Service of
the California Department of Consumer Affairs may be contacted in writing at 1020 North Street,
Suite 501, Sacramento, CA 95814, or by telephone at (916) 445-1254.
MISCELLANEOUS
This document reflects our entire and exclusive agreement and supersedes all other agreements
regarding this subject matter, whether written or verbal. We reserve the right to change this
Agreement at any time by posting a new version on the Site. Your continued use of this Site after
the effective date of such amendment will constitute your acceptance of it. Any other amendment to
this Agreement shall be in a pen-and-ink signed writing, regardless of any course of performance
or trade practice between us. This electronic document or a hardcopy duplicate in good form shall
be considered an original document admissible into evidence unless the document's authenticity is
genuinely placed in question. We reserve the right to assign this Agreement or delegate
responsibility to any third party, including a party acquiring any of our operating assets or
ownership interests. All licenses or permissions granted to you by this Agreement are personal in
nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the
contrary is void. Any provision of this Agreement found by a court to be illegal or unenforceable
shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be
given full force and effect as so modified. Waiver of a provision in one instance shall not
preclude our enforcement of it on future occasions. Headings are for reference purposes only and
have no substantive effect.
NOTICE OF COPYRIGHT INFRINGEMENT PROCEDURES
If you believe any content on our Site infringes your copyrighted work and you want the Site to
take down the offending material, you will need to complete the following Notice of Copyright
Infringement and mail it to our Registered Agent (do not use this procedure for any other kind of
communication):
Mail it to us:
Consumer Relations
Networking WW LLC
P.O. Box 2522, Issaquah, WA 98027
Notice of Copyright Infringement
I certify under the penalty of perjury that I own or am authorized to act on behalf of the owner
of the copyrighted work identified below. I believe in good faith that the copyrighted work has
been used on your Site without authorization by the owner, its agents or according to law. I ask
that you remove or block access to the infringing material.
Name of Copyright Owner:
Description of Copyrighted Work:
Description of Infringing Material:
Location of Infringing Material:
I can be contacted as follows:
My Name:
My Title:
Company:
Address:
Address:
Telephone:
Fax:
Email:
I certify under the penalties of perjury that the foregoing is true and correct to the best of my
information, knowledge and belief.
Signed:
Date:
VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms, by flagging the posting(s) for
review, or by emailing to:
.
Notwithstanding any other provision of these Terms, GolfBizNetwork.com retains the right to seek
the remedy of specific performance of any term contained in these Terms, or a preliminary or
permanent injunction against the breach of any such term or in aid of the exercise of any power
granted in these Terms, or any combination thereof.
(end of document)
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