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Golf Group Manager Website Services Agreement

IMPORTANT INFORMATION FOR SUBSCRIBERS

PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS SUBSCRIBER USE OF THE GOLF GROUP MANAGER WEBSITE.  IT EXEMPTS OR LIMITS GOLF GROUP MANAGER FROM LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.

1. SUBSCRIBER ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between a golf group/league/club representative that has been authorized by said golf group/league/club to enter into this Agreement and all persons that authority encompasses (and for purposes of this Agreement collectively called, "Subscriber" and includes natural persons and any type of incorporated or unincorporated entity) and Golf Group Manager ("GGM") including the parent company(s) and associated personnel who will govern the Subscriber's access to and use of any and all website tools and services offered in the Golf Group Manager website (collectively, the "Services").  This Agreement also provides benefits to GGM’s affiliates, service providers, suppliers and other persons.
Each time the Subscriber uses the Services, acceptance and agreement are signified, and the acceptance and agreement of any person the Subscriber purports to represent, are bound by this Agreement as it reads.  If the Subscriber does not agree with each provision of this Agreement, or is not authorized to agree to and accept this Agreement on behalf of the person(s) purported to represent, use of the Services is denied.

2. OWNERSHIP AND SUBSCRIBER USE OF THE SERVICES
The Golf Group Manager Website (including all pre-set content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Services) is the property of GGM, and is protected by Canadian and International copyright, trademark and other laws.  Subscriber use of the Services does not transfer any ownership or other rights of these Services.  The Services are made available for lawful use only.
The content added by the Subscriber (including photos, documents, personal information and group event details) is owned by the Subscriber.  Upon expiration of the Agreement, GGM will retain the Subscriber’s content for a maximum of 120 days prior to permanent deletion.  Subscribers can apply to reactivate the Services during the 120 day period at a fee set by GGM. 
Upon termination of this Agreement, a Subscriber may request immediate deletion of their website content, to which GGM will comply, with the exception of data that has been archived for emergency backup purposes.  GGM will not knowingly access archived data from deleted accounts.

3. THE SERVICES
GGM will provide the Services subscribed to on the GGM website, subject to the terms and conditions of this Agreement.  The Subscriber acknowledges that the Golf Group Manager’s Basic Website must be subscribed to prior to the addition of modules which are also encompassed in the terms of this Agreement.
GGM reserves the right to modify, include advertising/affiliated program links, enhance, or supplement the Services at any time in its sole discretion.  These changes would be performed without deliberate intention to adversely affect rights or obligations described under this Agreement.  

4. CHANGES TO THIS AGREEMENT
GGM may in its discretion amend, change or supplement this Agreement from time to time as it relates to future use of the Services, without any prior notice or liability to the Subscriber or any other person, by posting the revised Agreement on the Website. By using the Services after this Agreement has been revised, acceptance and agreement of the revised Agreement is signified by the representative and all persons in the golf group/league/club without limitation or qualification, and all are bound by the revised Agreement.  If there is disagreement with the revised Agreement, use of the Services is withheld. This Agreement may not be changed, supplemented, or amended in any manner by the Subscriber.

5. ERRORS MISPRINTS AND CORRECTIONS
GGM endeavours to provide accurate information on and through the Services, but errors may occur and information may become out of date. GGM does not guarantee the accuracy, completeness, or timeliness of the information available on or through the Services. GGM may discretionally change the information available on or through the Services at any time, without notifying or being liable to the Subscriber.

6. SECURITY AND EMAIL
Subscribers are solely responsible and liable for setting-up, maintaining and regularly reviewing security arrangements concerning their access to and use of the Services and information stored on their computing and communications systems. The Subscriber must do everything within their knowledge and power to prevent any compromise to the security of the Services or the systems or security of any other users of the Services.  GGM will not be responsible or liable to the Subscriber or any other person for any loss or damage suffered as a result of the Subscriber’s use of email to communicate with GGM, or our use of email to communicate with the Subscriber or other persons at the Subscriber’s request.

7. LOGIN NAMES AND PASSWORDS
Certain areas and features of the Services are accessible only to Subscribers who have been issued a login name and password (collectively "Codes") by GGM.  For the purposes of accessing the Services, the Codes remain the property of GGM and may be cancelled or suspended at any time by GGM in its discretion without any notice or liability to the Subscriber or any other person.
GGM is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the services.  GGM may act upon any communication that is given with the use of Codes.  GGM may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if GGM is not satisfied with such proof.
Users that have been issued Codes: (a) are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) must keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) will ensure that all uses of the Codes comply with this Agreement; (d) will take precautionary measures to ensure no other individual gains access to the secure area, such as leaving a logged-in terminal in a public place or allowing the Codes to be exposed to unauthorized individual; and (e) notify GGM immediately by email: webmaster@golfgroupmanager.com if it is known or suspected that any Codes have been lost or stolen or become known to or used by any other person.

8. SUBSCRIBER INFORMATION
All information provided through the Services, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete.  The Subscriber will be solely responsible and liable for any and all loss, damage, and additional costs that GGM or any other person may incur as a result of the submission of any false, incorrect or incomplete information or failure to update registration information and payment information within 30 days of any change.

9.  SUBSCRIBER OBLIGATIONS
AS A CONDITION OF RECEIVING THE SERVICES, THE SUBSCRIBER PROMISES, REPRESENTS, AND WARRANTS THE FOLLOWING.
All of the registration information supplied to GGM is true, complete, and accurate, and that GGM will be notified of any changes in the registration data during the term of this Agreement and the Subscriber will submit updated information within twenty (20) days of any such changes;   without limiting its other remedies, GGM may refuse or cancel the Subscriber’s account or Services at any time for any violation of the terms of this Agreement.

10. DISCLAIMER, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY
GGM DOES NOT ACCEPT ANY LIABILITY FOR SUBSCRIBER USE OF THE SERVICES. THE USE OF THE SERVICES IS AT THE SUBSCRIBER’S OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY GGM TO THE FULLEST EXTENT PERMITTED BY LAW. GGM WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO THE SUBSCRIBER OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEBSITE BY THE SUBSCRIBER OR ANY OTHER PERSON. 

Without limiting the generality of the above, GGM makes no representation, warranty, condition or guarantee that:

  1. the Services will be compatible with the Subscriber’s computer and related equipment and software;
  2. the Services will be available or will function without interruption or will be free of errors or that any errors will be corrected;
  3. the Services will meet the Subscriber’s requirements;
  4. the information available on, through or connected with the Services will be timely, uninterrupted, sequential, accurate, authentic or complete;
  5. certain or any results may be obtained through the access to or use of the Services;
  6. the access to and use of the Services will be free of viruses, Trojans, worms or other destructive or disruptive components and will not infringe the rights (including intellectual property rights) of any person;

The Internet is not a secure medium.  It may be subject to interruption and disruption, and inadvertent or deliberate breaches of security and privacy.  The operation of the Services may be affected by numerous factors beyond GGM’s control, and may not be continuous or interrupted, secure or private.  GGM is not responsible for monitoring the Services and are not responsible or liable for any changes to the Services made by the Subscriber without GGM’s written consent.

Liability Exclusions/Limitations
Without limiting the generality of the above and in spite of any other provision of this agreement, under no circumstances will GGM ever be liable to the Subscriber or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the Services, this Agreement, the subject matter of this Agreement, the termination of this Agreement or otherwise. This includes but is not limited to: loss of data (including without limitation customer data), reputation or goodwill, anticipated or otherwise economic loss, regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by GGM or any person for whom GGM is responsible, and even if GGM has been advised of the possibility of such loss or damage being incurred.

Without limiting the generality of the above, GGM will not be liable to the Subscriber or any other person for: any loss or damage suffered by the Subscriber or any other person as a result of any failure or refusal by GGM to give effect to, or for any failure or delay by GGM in receiving, accessing, processing or accepting, any communication sent to GGM by means of the Services or otherwise, or any loss or damage suffered as a result of the operational failure, malfunction, interruption, change, amendment or withdrawal of the Website or any part of it.

Indemnity
The Subscriber will indemnify, defend and hold GGM harmless from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by GGM in connection with any claim or demand arising out of, related to, or connected with the Subscriber’s access to or use of the Services, the Subscriber’s breach of this agreement, or any wrongful conduct by the Subscriber  or any person for whom the Subscriber is responsible under this Agreement or at law. The Subscriber will assist and co-operate as fully as reasonably required by GGM in the defense of any such claim or demand.

11.  PRICE AND PAYMENT
The Subscriber shall pay GGM annual fees as indicated at http://www.golfgroupmanager.com for the Basic Website and modules as selected.  GGM reserves the right to increase prices upon the expiration of the Subscriber’s contracted term.  Price increases shall be posted on the Golf Group Manager website 30 days prior to taking effect.  GGM agrees to submit written notice to the primary email on record for the Subscriber at least 30 days prior to taking effect.

Method of Payment
GGM accepts payments by credit card only.  The Subscriber can authorize GGM to charge the membership fees annually if automatic renewal is selected.  If automatic renewal is chosen, payment will be processed from the credit card information stored with a non-affiliated Third party credit card processor.  Payment transactions are carried out in a secured environment on the Golf Group Manager server.  Credit card numbers are stored in an encrypted database and are only used for the purpose of completing transactions on the GGM website.  The purpose of holding this information is to allow for efficient recurring payments.  Subscribers can opt to remove credit card information permanently from the database but will need to ensure that new credit card information is provided prior to the renewal date to prevent website expiry and content loss.  It is the responsibility of the Subscriber to guarantee that the credit card information is accurate and current.  Failure to provide accurate and current credit card information may results in cancellation or suspension of Services and all costs including Merchant Bank charges and data recovery fees will be the responsibility of the Subscriber.

Credit Card Chargeback
Anytime a chargeback request is received from GGM’s Merchant Bank, GGM reserves the right to immediately suspend a Subscriber’s account until the chargeback request has been formally resolved between GGM and the Merchant Service Authority.  This process may take more than a week.  If the Subscriber wants to dispute a billing error, GGM encourages the Subscriber to first contact GGM to resolve any discrepancies to avoid having the account suspended.  GGM reserves the right to refuse any additional services to the Subscriber while a chargeback notice is pending investigation by the Merchant Service Authority.

12. REFUNDS
GGM may terminate this Agreement, the Subscriber’s account, or any Service prior to the end of any active subscription period, and there is no breach of any provision of this Agreement.  Application for a partial refund of the fees paid for that subscription period can be applied for in writing within thirty (30) days after such termination.

Subscribers that wish to terminate this Agreement and the Services subscribed to, can do so by contacting GGM through the email address provided on the website.  GGM reserves the right to investigate the validity of all refund applications.  Refunds will not be unreasonably denied.  If the balance remaining on the account is under $50, no refund will be issued.

Refunds are limited to the Basic Website and specified modules.  Refunds are prorated based on the number of months remaining in the subscription.  The date of termination will be the final day of the month in which the notice was received.  GGM will refund the prorated amount minus monthly usage fees.  Monthly usage fees and a list of modules exempt from refunds can be found on the GGM website.

13. FAILURE TO RENEW SUBSCRIPTION BEFORE EXPIRY DATE
Every effort will be made by GGM to notify Subscribers of pending expiry dates of their subscriptions.  Notifications and reminders will be generated from the GGM website to the Subscriber emails on file and failure to reach these Subscribers due to changes of email addresses or golf club group/leagues contact persons will not be deemed the responsibility of GGM if renewal is not completed by the deadline date.  Subscriber’s can apply to GGM to re-instate website data within 120 days from cancellation or expiry date.  The fee for this service is listed on the GGM website.

14. TERMINATION OF THIS AGREEMENT AND SERVICES
Notwithstanding any other provision of this Agreement, GGM may in its discretion change, discontinue, modify, restrict, suspend or terminate the Services or any part of it without any notice or liability to you or any other person.  GGM may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or the Subscriber’s permission to access and use the Website without any notice or liability to the Subscriber or any other person.  If this Agreement or the Subscriber’s permission to access or use all or any part of the Services is terminated for any reason, then this Agreement and all other then existing agreements between the Subscriber and GGM will continue to apply and be binding.  GGM may continue to use and disclose the Subscriber’s personal information in accordance with GGM Privacy Policy.

15. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, Subscriber access to and use of the Services, and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada (and in the case of use of the Services in Quebec by residents of Quebec, by the laws of Quebec and the applicable federal laws of Canada).  Any dispute between the Subscriber and GGM or any other person arising from, connected with or relating to the Services, this Agreement, or any related matters (collectively "Disputes") will be resolved by mediation or arbitration, sitting in the City of Vancouver and the Subscriber hereby irrevocably submits and attorns to the original and exclusive jurisdiction in respect of all Disputes.

16. OTHER MATTERS
If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect.  This Agreement enures to the benefit of and is binding upon each of GGM and its successors, assigns and related persons, and the Subscriber the Subscriber’s heirs, executors, administrators, successors, permitted assigns and personal representatives.  The Subscriber may not assign this Agreement or the rights and obligations under this Agreement.  GGM may assign this Agreement and its rights and obligations under this Agreement without your consent.  No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.  The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient rediges en anglais.

 17. SOLE AND EXCLUSIVE REMEDY
If the Subscriber is dissatisfied with any portion of any Service, the sole and exclusive remedy is to cancel the account or subscription to the Services according to this Agreement.  No refunds are available except as expressly provided in the Section entitled "Refunds".

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