Effective Date: 09/13/12
These Terms apply exclusively to your access to, and use of, the Sites and do not alter in any way the terms or conditions of any other agreement you may have with Golf Channel for products, services or otherwise. If you register for and/or use the additional features located on the Sites, such as the Message Boards, online polls and petitions, or contests, additional rules, policies and disclaimers may apply.
Please note that certain websites linked at the Sites are operated by third parties and are subject to the respective terms and conditions and privacy policies of such websites.
In order to access certain features at the Sites, or to conduct a transaction through one of our transactional channels, you may be required to register for an account (“Account”). If you register for an Account, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update such information to keep it true, accurate, current and complete as permitted through the functionality of the Sites. You acknowledge and agree that Golf Channel will have no liability associated with or arising from your failure to maintain accurate information about yourself, including, without limitation, your failure to receive important information and updates about the Sites. If Golf Channel has reasonable grounds to suspect that the information you provided on the registration form or otherwise is untrue, inaccurate or incomplete, Golf Channel may suspend or terminate your Account and refuse any and all current or future use of the Sites (or any portion thereof). You are responsible for all use of your Account under any user name or password by any person or entity and for ensuring that your Account complies fully with the provisions of the Terms. You are responsible for protecting the confidentiality of your user name and password.
As part of the registration and account creation process necessary to obtain access to portions of the Sites that require a fee or payment, you will have to create a user account with a password. You will provide golfchannel.com with certain registration information, all of which must be accurate and updated. You shall not (i) select a subscriber ID already used by another person; (ii) use a subscriber ID in which another person has rights without such person’s authorization; or (iii) use a subscriber ID or password that golfchannel.com, in its sole discretion, deems offensive or inappropriate.
You agree that all transactions made by you on the Sites cannot be exchanged and are non-refundable. All purchases are subject to the applicable service fees and charges, which are also non-refundable. In the event that you are purchasing a tee time through any of the Sites, please see the applicable Tee Time Policy. You will be responsible for paying all applicable taxes in connection with your purchase of any tee times. Such tee times purchases shall also be governed by the applicable policies of the golf courses at which you reserve such tee times. Please make special note of the course’s no-show or cancellation policy, as you will be responsible for any applicable golf course charges in the event of a no-show.
You may come across "Deal Caddy" group buying opportunities ("Deals"), through which you can purchase discounted goods, services and/or experiences from partners of the Sites. These Deals, once purchased by you and by the minimum number of other users, will be redeemable directly through the Partner and according to the instructions given to you. The Partner is solely responsible for redeeming the Deal and providing you with the goods/services/experience, as well as for any injuries, illnesses, damages, claims, liabilities and costs you may suffer, directly or indirectly, in full or in part, related to the use or redemption of a Deal.
Each Deal shall have a "Purchase Value" (i.e., the actual amount you spent to purchase the Deal) and a "Promotional Value" (i.e., the total value of the Deal you purchased). The Purchase Value of Deals do not expire, but The Promotional Value of the Deal will expire after the date noted on each individual Deal, but the Purchase Value of a Deal shall be valid for a much longer period of time (as determined by the Partner and in accordance with applicable law). For example, if you purchase a Deal with a Purchase Price of $50 for which you receive a "Stay and Play" package valued at $100, the Purchase Value of that Deal is $50 and the Promotional Value of that Deal is $100. Upon the Expiration Date of the Deal you will be unable to redeem the full "Stay and Play" package, but you will be able to redeem $50 (the Purchase Value) worth of goods/services/experience from the Partner, for so long as the Partner honors the Purchase Value.
If you are having trouble redeeming a Deal or have any other questions, please email us at email@example.com or call us at 1-800-332-8229.
You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify Golf Channel at firstname.lastname@example.org of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are solely responsible for all usage or activity on your Account, including but not limited to use of the use of the Account by any third party authorized by your to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, in golfchannel.com’s sole discretion, and golfchannel.com may refer you to appropriate law enforcement agencies. You may terminate your Account at any time by sending an e-mail email@example.com. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Site. We have the right to provide user billing, account, content or use records and related information under certain circumstances (such as response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your Account so you should take reasonable steps to protect his information. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated within five (5) business days. You are responsible for all charges incurred up to the time the Account is terminated.
The Sites are intended solely for users who are thirteen (13) years of age or older, and users of the Sites under 18 who are currently in high school or college. Any registration by, use of or access to the Sites by anyone under 13, or by anyone who is under 18 and not in high school or college, is unauthorized, unlicensed and in violation of these Terms. By using the Sites, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.
The Sites may offer opportunities for you to send messages or postings in connection with various features including, but not limited to: email, chats, online polls, ratings and reviews, message boards, forums, and other interactive features (all of which is considered “User Generated ContentIn order to post any User Generated Content, you must have a current Account.
In your submission of any User Generated Content, you agree not to upload, transmit, distribute or otherwise publish in any form any material that is:
- libelous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy;
- an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity;
- illegal in any way or advocates illegal activity;
- an advertisement or solicitation of funds, goods or services;
- a message posted by a user impersonating another;
- personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses or employer references or
- known by you to be false, inaccurate or misleading
- subject to compensation to you or for which you were granted any consideration by any third party;
- inclusive of any information that references other websites, addresses, email addresses, contact information or phone numbers;
- associated with any computer viruses, worms or other potentially damaging computer programs or files;
- chain letters of any kind.
For all User Generated Content you submit, you grant TGC a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
You further agree to indemnify Golf Channel for any claims or suits arising from your submission of any User Generated Content.
Golf Channel is not responsible for any User Generated Content . Golf Channel is merely providing access to such material as a service to you and the forum shall be used only in a noncommercial manner (for entertainment purposes only). With respect to any User Generated Content, the party posting such content is responsible for the reliability, accuracy and truthfulness of such material and such matters are beyond the control of Golf Channel. Similarly, Golf Channel has no control over whether such material is of a nature that users will find inoffensive, tasteful and otherwise acceptable and expressly disclaims any responsibility for such material. Just as when you obtain materials in any other setting, you should exercise appropriate discretion, good judgment and caution in accessing any User Generated Content and/or in taking any actions based upon such material. Accordingly, you will bear all risk associated with any such material that you access.
Golf Channel reserves the right, but not the obligation, to monitor and delete any postings deemed inconsistent with its policies. Golf Channel also reserves the right to, at its discretion, to terminate the registration of any user who violates any of the Terms. If you are aware of any such material posted on the Sites, please contact us at firstname.lastname@example.org. Please provide as much detail as possible, including a copy of the underlying material, the location where Golf Channel may find it, the reason(s) such postings should be removed and a statement, signed under penalty of perjury, certifying the accuracy of the information you provide to us. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section entitled “Copyright Agent for Copyright Infringement Claims (Digital Millennium Copyright Act).” Although Golf Channel will do its best to monitor materials on the Sites, in no event does it assume any particular obligation to do so or liability for failing to either monitor the Sites or remove specific material.
By transmitting UGC to the Sites in any form or fashion, you are granting Golf Channel a royalty-free, fully paid, nonexclusive, perpetual, unrestricted, worldwide license to publish, transmit, perform, display, create derivative works from and otherwise use the UGC for any purpose, including, but not limited to, advertising and promotional purposes, in any media, now or hereafter known. No credit or compensation is due to you for such use. Golf Channel also has the right, but not the obligation, to use your name, city and state, and other information provided by you (and image or likeness, if provided in connection with any UGC), in connection with broadcast, print, online or other use or publication of your UGC. All UGC becomes the unrestricted licensed property of Golf Channel and may be edited for use.
You warrant and represent that you own or otherwise control any and all rights in and to the UGC and that public posting and use of the UGC by Golf Channel will not infringe or violate the rights of any third party in any manner.
Golf Channel may at its own discretion monitor and prescreen UGC, and while Golf Channel and its designees reserve the right, but not the obligation, in their sole discretion to refuse, move, edit or delete any UGC without prior notice, in whole or in part, that is deemed to violate these Terms or is otherwise objectionable, you agree to evaluate, and bear all risks associated with, the use of any UGC, including any reliance on the accuracy, completeness or usefulness of such UGC. You acknowledge that the Sites are “public,” and in addition to the license granted to Golf Channel below, other users will have access to your published UGC and might copy, modify or distribute it.
Unsolicited Submission Policy
Golf Channel is pleased to hear from its loyal fans and welcomes your comments regarding Golf Channel. Except where Golf Channel specifically requests comments or submissions, Golf Channel does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by Golf Channel’s professional staff seem to others to be similar to their own creative work. Accordingly, Golf Channel requests that your comments relate to those services and products offered by Golf Channel, and that you not submit any creative ideas, suggestions, or materials except where specifically requested or solicited. If you do send us an unsolicited submission, you agree not to assert any ownership right of any kind in the unsolicited submission against Golf Channel (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract), you hereby grant Golf Channel a nonexclusive, perpetual, worldwide license to the unsolicited submission in every media and for every purpose now known or hereinafter discovered and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. You release Golf Channel (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your unsolicited submissions, including without limitation all claims for theft of ideas or copyright infringement.
Solicited Submission Policy
Where Golf channel has specifically invited or requested submissions, Golf Chanel encourages members of the public to submit UGC to Golf Channel that they have created for consideration in connection with the Sites and any related television programs and wireless and online broadcasts. By transmitting UGC to the Sites, you expressly grant Golf Channel a non-exclusive, perpetual irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your UGC, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such UGC isdeemed non-confidential and Golf Channel shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any UGC.
In using the Sites, you agree:
- Not to disrupt or interfere with the security of, or otherwise abuse, the Sites, or any services, system resources, accounts, servers or networks connected to or accessible through the Sites or affiliated or linked websites;
- Not to disrupt or interfere with any other user’s enjoyment of the Sites or affiliated or linked websites;
- Not to upload, post or otherwise transmit through or on the Sites any viruses or other harmful, disruptive or destructive files;
- Not to use, frame or utilize framing techniques to enclose any Golf Channel trademark, logo or other proprietary information (including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page) without Golf Channel’s express written consent;
- Not to use meta tags or any other “hidden text” utilizing a Golf Channel name, trademark or product name without Golf Channel’s express written consent;
- Not to “deeplink” to the Sites without Golf Channel’s express written consent;
- Not to create or use a false identity on the Sites;
- Not to collect or store personal data about others;
- Not to attempt to obtain unauthorized access to the Sites or portions of the Sites that are restricted from general access;
- Not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy or otherwise in violation of any law; and Not to post any copyrighted material unless the copyright is owned by you or by Golf Channel.
In addition, you agree that you will comply with all applicable local, state, national and international laws and regulations, including, but not limited to, United States export restrictions, that relate to your use of or activities on the Sites.
In the event that you have a dispute with one or more other users of the Sites, you release Golf Channel (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Golf Channel makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from the Sites or websites linking to the Sites. The linked websites are not under the control of Golf Channel and Golf Channel is not responsible for the content of any linked websites or any link contained in a linked websites or any review, changes or updates to such websites. The inclusion of any link does not imply affiliation, endorsement or adoption by Golf Channel of the Sites or any information contained therein. When leaving the Sites, you should be aware that the Terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of those websites.
Certain of the Sites contain functionality that is accessible through mobile devices and/or through downloadable mobile applications, which include but are not limited to the ability to search for and purchase a tee time through your mobile phone, smartphone or other mobile device. We do not charge for these mobile services but your carrier’s normal messaging, data, and other rates and fees will still apply. Additionally, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier or may not work with certain carriers or devices. By utilizing our mobile services, you consent to be notified by Golf Channel and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information pertaining to your use of the mobile services may be communicated to Golf Channel.
Trademarks: Golf Channel, GolfNow and their affiliates maintain patents and trademarks in the United States and other countries around the world. Some such information can be found here. If you have specific questions regarding these patents and/or trademarks, please contact Golf Channel’s legal department. Golf Channel’s trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Golf Channel. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Golf Channel, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Golf Channel.
Copyrights: All materials on the Sites, including, without limitation, the Golf Channel’s logos, designs, text, graphics, software, written content, audio content, video content, and other files, features and the selection and arrangement thereof (the “Content”) are protected by copyrights which are owned or licensed by Golf Channel or otherwise used with permission by Golf Channel. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit or distribute in any way whatsoever any Content from the Sites without the prior written permission of Golf Channel. Any modification of the Content, or any portion thereof, or use of the Content for any other purpose constitutes an infringement of Golf Channel’s copyrights and other proprietary rights. Use of the Content on any other websites or other networked computer environment is prohibited without prior written permission from Golf Channel.
Copyright Agent for Copyright Infringement Claims (Digital Millennium Copyright Act): Golf Channel respects the rights of all copyright holders and in this regard, Golf Channel has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Golf Channel’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed or, if multiple copyrighted works at a single online websites are covered by a single notification, a representative list of such works at that websites;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Golf Channel’s Copyright Agent for notice of claims of copyright infringement on or regarding the Sites can be reached by emailing email@example.com or writing to Golf Channel, 7580 Golf Channel Drive, Orlando, FL 32819, Attn: Website Department.
Please note that under the same law any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages, including costs and attorneys’ fees.
Golf Channel reserves all present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Sites.
All such rights shall remain the sole and exclusive property of Golf Channel. Except as specifically permitted by these Terms, you may not copy or make any use of the Sites or any portion thereof; nor may you use any intellectual property associated with the Sites or the names of any individual participant in, or contributor to, the Sites or any variations or derivatives thereof, for any purpose, without Golf Channel’s prior written approval.
You acknowledge and agree that all content and materials made available on the Sites, such as software, designs, images, text, editorial materials, data, photographs, illustrations, games, audio clips, video clips, digital streams and downloads, footage, short features, artwork and other graphic materials, names, logos, icons, trademarks and service marks, and the compilation of all content and materials on the Sites are the exclusive property of Golf Channel and its suppliers and licensors and are protected by United States and international intellectual property laws. You may use, display and print one copy of the content and materials on the Sites on a single computer for your noncommercial and personal use only, provided that you maintain all copyright and other proprietary notices contained in such content or materials. You agree not to reproduce, download (other than page caching), modify, create derivative works of, publicly display or perform distribute, transmit, disseminate, broadcast, publish, adapt, sell, license or rent any content or materials made available on the Sites (including, without limitation, display or distribution via a third party website) without Golf Channel’s prior written consent. You may not frame or utilize framing techniques to enclose any content or materials (including images, text, video or audio clips) on the Sites or create a hyperlink (or any other link) to the Sites using any trademark or logo of Golf Channel to access such content or materials without Golf Channel’s written consent. You further agree that you will not disassemble, decompile or reverse engineer any of the materials or underlying software made available on the Sites.
By using the Sites and/or transmitting to it any Submission(s), you agree to indemnify Golf Channel, its affiliates, subsidiaries and related companies, and each of their respective officers, directors, parents, partners, employees, agents and distributors, for any and all claims, damages, losses and causes of action arising out of your breach or alleged breach of the Terms.
THE SITES, THEIR CONTENTS AND ANY PRODUCTS PROMOTED, MARKETED, AND/OR SOLD BY GOLF CHANNEL OR OTHERS ARE PROVIDED, TRANSMITTED AND DISTRIBUTED “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GOLF CHANNEL MAKES NO WARRANTY: (I) THAT THE SITES OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE; (II) THAT DEFECTS OR ERRORS IN THE SITES OR ITS CONTENTS WILL BE CORRECTED; (III) THAT THE SITES AND ITS CONTENTS WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS ON THE SITES; OR (V) THAT TRANSMISSIONS OR DATA WILL BE SECURE.
Where applicable law does not allow the exclusion of certain warranties, the foregoing exclusions may not apply to you.
The materials provided in the Sites are for entertainment, educational and promotional purposes only. User may not rely on any information and opinions expressed in it for any other purpose. Neither Golf Channel, its affiliates, subsidiaries and related companies, nor any of their respective officers, directors, parents, partners, employees, agents and distributors, are responsible or liable for any loss, damage (including, but not limited to, actual, consequential or punitive), liability, claim or other injury or cause related to or resulting from any information or materials posted on the Sites.
Limitations on Liability
IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL GOLF CHANNEL OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITES; (II) THE USE OR INABILITY TO USE THE SITES; (III) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITES, INCLUDING, BUT NOT LIMITED TO, THE SAFETY OR FUNCTION OF ANY PRODUCT; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (V) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VI) OTHERWISE UNDER THESE TERMS, EVEN IF GOLF CHANNEL OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GOLF CHANNEL’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GOLF CHANNEL FOR ANY PRODUCTS, SERVICES OR INFORMATION SUPPLIED BY GOLF CHANNEL THROUGH YOUR USE OF THE SITES.
Golf Channel will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood or war.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Golf Channel may, in its sole discretion, terminate or suspend your access to all or part of the Sites, for any reason, including without limitation, breach of these Terms. In the event of termination or suspension of your access to the Sites, the restrictions regarding Submission(s) appearing on the Sites, and the representations and warranties, indemnities and limitations of liabilities set forth herein, will survive any such termination. You agree that Golf Channel shall not be liable to you for any termination of your use of or access to the Sites.
Changes to the Sites
Golf Channel may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any aspect of the Sites or any products available through the Sites, temporarily or permanently, including the availability of any features of the Sites or access to any parts of the Sites, at any time without notice to you, and you agree that Golf Channel shall not be liable therefore.
The Sites are controlled, operated and administered by Golf Channel from its offices within the United States of America. Golf Channel makes no representation that materials on the Sites are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Sites are illegal is prohibited. You may not use the Sites or export the content or products in violation of U.S. export laws and regulations. If you access the Sites from a location outside of the United States, you are responsible for compliance with all local laws.
Applicable Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without resort to its conflict of law provisions. In the event of a dispute arising out of your use of the Sites and/or these Terms, the proper jurisdiction and venue will be the state courts of the State of Florida, Orange County or, as may be appropriate, in Federal Court located in Orlando, Florida. You consent to the exercise of personal jurisdiction of these courts over you in the event of such a dispute.
Representations and Warranties
You represent, warrant and covenant that: (a) you have the power and authority to enter into and to agree to these Terms; (b) you are at least thirteen (13) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Sites only as set forth in the Terms.
The section titles in these Terms are used solely for the convenience of you and Golf Channel and have no legal or contractual significance.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The Terms constitute the entire agreement between Golf Channel and you with respect to your use of the Sites. Any cause of action you may have with respect to the Sites must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Golf Channel to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision.
Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and Golf Channel, and you do not have any authority to create any obligation or make any representation on Golf Channel’s behalf. You may not assign these Terms by operation of law or otherwise, without Golf Channel’s written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and Golf Channel and their respective successors and assigns.