I. GENERAL
A. Agreement: ZachAllenGolf.com provides—both on this website and otherwise—public content (“Public Content”) and private content for subscribers (“Subscriber Content” and together with the Public Content, the “Content”). These Terms of Use (these “Terms” or this “Agreement”) govern your use of this website and any Content.
B. Modification: ZachAllenGolf.com reserves the right to change or modify all or part of this agreement at any time, effective immediately upon publication on this site.
C. Acceptance: Your use of this website and any Content constitutes your binding acceptance of these terms and conditions, including any published changes or modifications made by ZachAllenGolf.com. If at any time the terms and conditions of this agreement are no longer acceptable to you, you should immediately cease use of the website. Some of our services may have additional terms of use. Any such terms will be displayed in connection with the applicable services and are incorporated into these terms by reference.
II. USE
A. Copyright: The Content is the property of ZachAllenGolf.com or its licensors, and is protected by copyright and other intellectual property laws. Any print-outs using or referencing Content will contain the following copyright notice: “Copyright © 2010 ZachAllenGolf.com” along with ZachAllenGolf.com’s logo that appears above.
B. Restrictions: You agree not to reproduce, retransmit, photocopy, distribute, disseminate, sell, publish, broadcast, or circulate Content to anyone without the express prior written consent of ZachAllenGolf.com. You may use Content within your company, but copying and distributing Content to third parties from the Service is forbidden. You are prohibited from using or permitting the use of the Content:
1. To prepare an original database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a third party;
2. For the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any mailing list, business directory, or other compilation of information that is sold, rented, published or furnished in any manner to a third party; or
3. In connection with any individual credit, employment, or insurance applications.
C. Monitoring: ZachAllenGolf.com reserves the right to monitor your use of the Content to ensure compliance with this Agreement. If ZachAllenGolf.com, in its discretion, determines you are not in compliance with this Agreement, ZachAllenGolf.com reserves the right to take such action as it deems necessary, including, but not limited to:
1. Suspension of the account; or
2. Termination of the account.
Such monitoring may include determining whether or not the Content is accessed under the account from multiple IP addresses, as well as noting excessive use or users. Systematic access or excessive extraction of content from the Service, including, without limitation, the use of “bots” or “spiders”, is prohibited. ZachAllenGolf.com does not disclose any information regarding its proprietary monitoring methods or policies.
III. SUBSCRIPTIONS
A. Limited License: Subscribers are granted a non-exclusive, non-concurrent, non-transferable, limited license to access the Subscriber Content. The Subscriber Content is available only for the designated user identified in an order and may not be shared with other non-designated persons or entities. The user is responsible for the confidentiality and use of the user’s name and personal password. The user’s responsibility extends to all activity and use under the user name and password.
B. Reasonable Usage: Subscribers are limited to reasonable usage. This reasonable usage restriction is intended to protect ZachAllenGolf.com’s intellectual property, not to restrict legitimate use of our website.
IV. PASSWORDS AND SECURITY
You will at all times maintain the confidentiality of your user names and passwords. Corporations, partnerships or other legal entities are responsible for all activity and all charges by their employees. If there is a breach of security through your account, you must immediately change your password and Notify Us. You will be liable for any unauthorized use of our services until you notify us of the security breach.
V. ACCURATE AND COMPLETE INFORMATION
You will provide to ZachAllenGolf.com only true, accurate, current and complete information, and will update that information to keep it true, accurate, current and complete. ZachAllenGolf.com, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
VI. DISCLAIMER
A. Content of ZachAllenGolf.com is gathered from sources believed to be reliable, but in any case ZachAllenGolf.com does not warrant or guarantee the timeliness, sequence, accuracy or completeness of the information presented by this service. There are no warranties, express or implied, as to the results to be obtained from use of such information. All Content is provided “as is” without warranties of any kind. Content may change without notice. Content does not constitute investment or legal advice. Neither ZachAllenGolf.com nor its suppliers will be liable for:
1. Any loss of business, profits or goodwill, loss of use or data, interruption of business or for any indirect, special, incidental or consequential damages of any character, (however arising, including negligence) arising out of or in connection with this Agreement even if ZachAllenGolf.com or its supplier is aware of the possibility of such damages;
2. Any damages that result in any way from your use or inability to use ZachAllenGolf.com’s services, or that result from errors or code (including viruses, Trojan horses or other similar code), defects, omissions, delays in operation or transmission, or any other failure of performance of ZachAllenGolf.com.
Our liability, and the liability of our suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to us in the 6 months prior to the action giving rise to liability, or (b) $100.
B. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages. In such states, ZachAllenGolf.com’s liability will be limited to the greatest extent permitted by law.
VII. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless, ZachAllenGolf.com, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorney’s fees, arising from your use of this website. ZachAllenGolf.com reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with ZachAllenGolf.com’s defense of such claim.
VII. LINKS TO THIRD PARTY SITES
ZachAllenGolf.com is not responsible for the information contained on any sites linked to this site. These links are provided solely as an information service.
VIII. TERMINATION OF SERVICE
ZachAllenGolf.com reserves the right, in its sole discretion, to restrict, suspend or terminate your access to this website at any time for any reason without prior notice or liability. ZachAllenGolf.com may change, suspend, or discontinue any Content without prior notice or liability. ZachAllenGolf.com reserves the right to refuse service to anyone.
VIII. MISCELLANY
A. Third Party Services: ZachAllenGolf.com’s services rely in part on the proper functioning and interaction of third party websites, services and software with ZachAllenGolf.com’s website and software. Failure of, or changes to, or misconduct by such third parties or their websites, services or software may affect our provision of services. ZachAllenGolf.com is not liable for any third party actions or omissions.
B. Notices: Except as explicitly stated otherwise, any notices will be given by email to Contact Us (in the case of ZachAllenGolf.com) or to the email address you provide to ZachAllenGolf.com during the registration process (in your case), or such other address as the party will specify. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to ZachAllenGolf.com during the registration process. In such case, notice will be deemed given 3 days after the date of mailing.
C. Governing Law: California law will govern this Agreement, except for the body of law relating to conflicts of law. Venue for any legal action will be the state courts of Los Angeles County, California, or the federal courts of the Central District of California. The prevailing party in any litigation in connection with this Agreement will be entitled to recover from the other party its costs and reasonable attorneys’ fees and other expenses, including any expenses from collections activity.
D. Waivers: A party’s failure to enforce any provision of this Agreement will not be a waiver of the provision or the right to enforce it at a later time.
E. Entire Agreement: This Agreement sets forth the entire understanding and agreement between us. For example, without limitation, any comments or terms you attempt to add as part of a purchase or other order confirmation, or any terms outside of those stated by ZachAllenGolf.com will not be binding on ZachAllenGolf.com. You agree that you are not entering into this Agreement in reliance on any statements or representations other than those set forth herein.
F. Severability: If any provision of this Agreement is held void or unenforceable, that determination will not affect:
1. The provision’s application in other circumstances;
2. Other provisions in this Agreement; or
3. This Agreement’s validity or enforceability as a whole.
G. Assignment: This Agreement and your user names and passwords are not assignable, transferable or sublicensable by you without ZachAllenGolf.com’s prior written consent, and any such conveyance will be null and void.
H. Attorneys’ Fees: If a legal action is brought regarding this Agreement, the prevailing party is entitled to recover—in addition to all other appropriate relief—its reasonable attorneys’ fees and expenses as determined by the court. The prevailing party is the party entitled to recover its costs of suit, whether or not the action proceeds to final judgment.
I. Headings: The use of headings is for convenience and will not affect the interpretation of this Agreement.
