EFFECTIVE DATE: AUGUST 2013
the other websites, applications, online services, and other interactive features or downloads that are
operated by EZLinks Golf, Inc. (“EZLinks,” “we”, “our” or “us”) and that post these Terms (collectively, the
“EZLinks Platforms”), whether accessed via computer, mobile device or otherwise. IMPORTANT! PLEASE
CAREFULLY READ THESE TERMS BEFORE USING ANY EZLINKS PLATFORM, AS THEY AFFECT YOUR LEGAL
RIGHTS AND OBLIGATIONS. You agree to these Terms by accessing or using any of the EZLinks Platforms.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE ANY OF THE EZLINKS PLATFORMS.
or using an EZLinks Platform you represent and warrant that your activities are lawful in every
jurisdiction where you access or use that EZLinks Platform.
ARBITRATION NOTICE: Except for certain types of disputes described in the LEGAL DISPUTES/ARBITRATION
section below, you agree that disputes between you and EZLinks will be resolved by binding, individual
ARBITRATION and you waive your right to participate in a class action lawsuit or class-wide arbitration.
There may be times when we offer special features that have their own terms and conditions that apply
in addition to these Terms. In those cases, the terms specific to the special feature control to the extent
there is a conflict with these Terms.
Use of the EZLinks Platforms
Account Cancelation and Termination
Restrictions on Use
User Interactions and Disputes
Acceptable Use Policy; Community Usage Rules
Reporting Copyright and Other Intellectual Property Violations
Viral Distribution and Widgets
Third Party Links, Content and Applications
Limitation of Liability
No Third Party Beneficiaries
Location and Territorial Restrictions
Our Right To Update These Terms
The email address you provide when creating your account will be your username for logging into your account on the EZLinks Platforms. You will also be asked to select a password. Only you are authorized to use these login credentials in connection with the EZLinks Platforms. You may only have one account for use of the EZLinks Platforms. You are solely responsible for maintaining and protecting the confidentiality of your login credentials, and are fully responsible for all activities that occur under those credentials. You agree you that you will not sell or otherwise transfer your account or any rights you have as an account holder. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. We reserve the right to terminate your account or otherwise deny you access to the EZLinks Platforms in our sole discretion without notice and without liability. If your account is terminated or suspended, or you or we terminate these Terms, you will no longer have access to your account or any associated profile, statistics, course history, playing partners or other information contained within your account profile or history. By creating an account on an EZLinks Platform, you warrant and represent that that all information you provide to us is and will remain complete and accurate.
Use of the EZLinks Platforms.
You agree that you will only use the EZLinks Platforms for your own personal use. Although we provide you with the ability to book tee times using the EZLinks Platforms, we are not responsible for any aspect of your golfing experience, and you understand that the policies, terms and conditions of the golf course(s) at which you book tee time(s) will be applicable to you. You agree to look solely to the applicable golf course for any issues associated with your golfing experience.
Please see our EZLinks Platforms Sales Policies for information on fees, pricing, cancelations and refunds applicable to your purchase of services and goods available on EZLinks Platforms. You agree to pay the amount shown to you during your checkout process on an EZLinks Platform. You hereby authorize us to charge the credit card we have on file with your account (or other authorized payment mechanism you provide to us) in the amount of fees and in the manner disclosed to you at checkout on an EZLinks Platform. You agree that we are not responsible or otherwise liable for errors in the pricing displayed on the EZLinks Platforms. You agree that we are not responsible or otherwise liable for an error in the available tee times posted on the EZLinks Platforms.
Account Cancelation and Termination.
You may cancel your EZLinks Platform account by calling 1-855-383-3633 at any time and indicating your intention to cancel your account. We may terminate these Terms at any time by either discontinuing the EZLinks Platforms, or for your violation of any of the terms and conditions of these Terms, including, but not limited to, the Restrictions on Use set forth below. Without limiting any other right we have to terminate these Terms, we reserve the right to terminate your use of the EZLinks Platforms in the event that more than three times in one consecutive 12-month period you use the EZLinks Platforms to reserve a tee time and cancel less than 24 hours before the tee time or fail to appear at the golf course for your tee time without canceling. Any obligations and duties that, by their nature, extend beyond the expiration or termination of these Terms will survive the expiration or termination of these Terms.
Restrictions on Use. You agree not to:
- Sell, auction or otherwise transfer tee times you book on an EZLinks Platform.
- Use the EZLinks Platforms or any Platform Content for any commercial purpose, or to provide services to any third party as a service bureau without our prior express consent.
- Frame any EZLinks Platform or Platform Content without our prior express consent.
- Use any manual or automated process, including, without limitation, robots, spiders or scrapers to access, copy, monitor or mine the EZLinks Platforms or any Platform Content (defined below) for any purpose without our prior express written permission except as may be a result of standard search engine or Internet browser usage).
- Take any action that causes an EZLinks Platform to cease working properly.
- Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the EZLinks Platforms.
- Resell, copy, distribute, transfer, reverse engineer, disassemble, decompile, create derivative works of, or allow third-party access to the EZLinks Platforms, any Platform Content or any software or code contained therein.
Unless otherwise explicitly specified by EZLinks, all materials that are included in or are otherwise a part of the EZLinks Platforms, including past, present and future versions, domain names, source and object code and the "look and feel" of the EZLinks Platforms ("Platform Content") are owned, controlled or licensed by EZLinks, its subsidiaries or affiliates, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Platform Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the express permission of EZLinks and as is expressly provided in these Terms. Any unauthorized use of Platform Content is prohibited.
We may provide certain features on the EZLinks Platforms that allow you to provide content to us (“Content”). If you provide us Content or otherwise post Content on an EZLinks Platform, you grant to us an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your Content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed and to use your name and likeness in connection with the same. You represent and warrant that you own or otherwise have appropriate permission to upload and share your Content and license it to us in accordance with these Terms; that your Content is accurate; and that use of your Content does not violate these Terms or the rights of any third party and will not cause injury to any person or entity. We will have the right but not the obligation to monitor and edit or remove any activity or content, including but not limited to, your Content that violates these Terms or the standards for the EZLinks Platforms, as we determine in our sole discretion. We take no responsibility and assume no liability for your Content or any content submitted by any third party. It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, we do not accept unsolicited materials or ideas, and take no responsibility for any materials or ideas so transmitted. If, despite our policy, you send us the content addressed in the prior sentence, you agree that we will be free to use any such content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you.
You agree that your Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to your Content and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant EZLinks the license below above. Upon EZLinks' request, you will furnish EZLinks any documentation, substantiation or releases necessary to verify your compliance with these Terms.
You authorize EZLinks to publish your Content in a searchable format that may be accessed by users of the EZLinks Platforms and the Internet. Except as prohibited by law, you waive any moral rights you may have in your Content you submit, even if such Content is altered or changed in a manner not agreeable to you.
You agree that EZLinks has no obligation to monitor or enforce your intellectual property rights to your Content but has the right to protect and enforce its and its licensees' rights to your Content. You further acknowledge and agree that EZLinks will not have any obligation to you with regard to Content and that EZLinks may or may not monitor, display or accept your Content and may delete it at any time.
User Interactions and Disputes.
You agree that you are solely responsible for your interaction with other users of the EZLinks Platforms, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
Acceptable Use Policy; Community Usage Rules.
When you contribute, upload, post or otherwise provide Content to the EZLinks Platforms, you agree to comply with the following Usage Rules ("Rules"):
Content must be yours please.
All Content must be original with you or in the public domain, not copied from someone else's protected work, and you must have all rights in the Content; OR, all persons who contributed in any way or have any rights to your Content or otherwise appear in the Content have given you permission to upload and distribute the Content on the EZLinks Platforms and elsewhere.
No pictures or images of anyone but you and your friends and family.
If you choose to upload photos to the EZLinks Platforms, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know but only with their express permission to post it.
Don't upload third party materials.
Your Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
No music please.
Your Content may not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.
Keep it relevant.
Your Content should relate to the content on the EZLinks Platforms and should be intended to add to the discussion and community on the EZLinks Platforms - it should not include irrelevant topics or postings (this is not the place to discuss politics, religion, or private matters).
Please follow codes of social decency.
Express yourself with non-offensive individual self-expression. Be respectful of others' opinions and comments so we can continue to build a community for everyone to enjoy. If you think your Content might offend someone, chances are it probably will and it doesn't belong on the EZLinks Platforms. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your Content may not threaten, abuse or harm others. Your Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
Do not use the EZLinks Platforms for commercial purposes.
Your Content may not advertise or promote a product or service except those provided on the EZLinks Platforms. You may not use your Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
Do not upload Content that is inappropriate or illegal.
Your Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your Content, don't upload or post it. If you do upload or post Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
Your Content may not promote violence or describe how to perform a violent act.
Be honest and do not misrepresent yourself or your Content.
Do not impersonate any other person, user or company or upload or post Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
We hope that you will use the community portions of the EZLinks Platforms to exchange information and content and have discussions with other members. However, please remember that those portions of the EZLinks Platforms are public forums and Content that you post will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
Don't share other people's personal information.
Your Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
Don't damage the EZLinks Platforms or anyone's computers.
Your Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the EZLinks Platforms or any computer system.
Reporting Copyright and Other Intellectual Property Violations.
You may not use an EZLinks Platform for any purpose or in any manner that infringes the rights of any third party. EZLinks encourages you to report any content on an EZLinks Platform that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on an EZLinks Platform infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), EZLinks has a designated agent for receiving notices of copyright infringement and EZLinks follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide EZLinks' copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) 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 (f) 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.
If you believe that any content on an EZLinks Platform violates your rights other than copyrights, please provide EZLinks with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding the EZLinks Platform or other complaint regarding alleged violation of rights to EZLinks’ s copyright agent, who can be reached as follows:
401 S. LaSalle, Suite 300 Chicago, IL 60605
NOTE: This contact information is for inquiries regarding potential copyright and other infringement only.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
EZLinks will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights.
Viral Distribution and Widgets.
EZLinks may allow you – but only through express written permission – to engage in certain personal uses of Platform Content that include the ability to share Platform Content with others ("Viral Distribution"). For example, an EZLinks Platform may allow you to send Platform Content to friends, display Platform Content on your personal web site or post Platform Content on a third party web site. You agree that you will not imply that you and EZLinks are affiliated in any way or that EZLinks approves of your comments. We reserve the right to revoke our permission for Viral Distribution at any time and for any reason and you agree to immediately cease Viral Distribution upon notice of revocation and to comply with any terms we post in connection the Viral Distribution of Platform Content.
Similarly, an EZLinks Platform may provide content that you may choose to embed on your personal web page, third party web site or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) (“Widgets”). Widgets are Platform Content. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets on your Personal Page does not provide you (or any third party) with any intellectual property rights in or to the Widget or any Platform Content made available via any Widget.
NOTICE TO THIRD PARTY SITES: Any Platform Content made available in connection with your site, or otherwise, by our Widgets, third party widgets or otherwise, is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Platform Content upon notice.
Third Party Links, Content and Applications.
There may be links from the EZLinks Platforms, or from communications you receive from us, to third party web sites or online features. The EZLinks Platforms also may include third party content that we do not control, maintain or endorse. Functionality on the EZLinks Platforms may also permit interactions between the EZLinks Platforms and a third party website or online feature, including applications that connect the EZLinks Platforms or your profile on the EZLinks Platforms with a third party site, service, application or other online feature. For example, the EZLinks Platforms may include a button enabling you to indicate, on your social networking page, that you “like” the EZLinks Platforms, or a feature that lets you post to your social networking page a link to the EZLinks Platforms, or the ability to share content from the EZLinks Platforms or your Content with a third party, which may be publicly posted on that third party’s web site. Using this functionality typically requires you to login to your account on the third party site and you do so at your own risk. We do not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or online features.
Your correspondence and business dealings with third parties found through an EZLinks Platform including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with any such dealings, are solely between you and the third party.
We grant you the revocable permission to link to the EZLinks Platforms; provided, however, that any link to the EZLinks Platforms: (a) must not frame or create a browser or border environment around any of the content of the EZLinks Platforms or otherwise mirror any part of the EZLinks Platforms; (b) must not imply that we or the EZLinks Platforms are endorsing or sponsoring any third party or its products or services, unless we have given the third party prior written consent; (c) and surrounding content must not present false information about, or disparage, tarnish, or otherwise, in our sole opinion, harm us or our products or services; (d) must not use any of our trademarks without our prior written permission; (e) must not contain or appear on the same page as content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in our sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the EZLinks Platforms, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, EZLinks reserves the right to prohibit linking to an EZLinks Platform for any reason in our sole and absolute discretion.
The EZLinks Platforms may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes or promotion.
The EZLinks Platforms may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to the EZLinks Platforms, receive messages from the EZLinks Platforms, download applications to your mobile phone or access features from the EZLinks Platforms (collectively, the "Mobile Features"). We may charge for Mobile Features and these charges will be disclosed prior to your use of the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Carrier fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
If you change or terminate your mobile account, you are responsible for promptly updating your EZLinks account information so that any messages or notices from us regarding the EZLinks Platforms are sent to you and not to the person who is assigned your old number.
YOU AGREE THAT THE EZLINKS PLATFORMS AND THEIR CONTENT IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE EZLINKS PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE EZLINKS PLATFORM; (B) YOUR CONTENT; AND/OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE EZLINKS PARTIES OR VIA THE EZLINKS PLATFORM. IN ADDITION, THE EZLINKS PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE EZLINKS PARTIES DO NOT REPRESENT OR WARRANT THAT THE EZLINKS PLATFORMS WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE EZLINKS PLATFORM OR THE SERVERS THAT MAKE THE EZLINKS PLATFORMS AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE EZLINKS PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE EZLINKS PLATFORMS IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE EZLINKS PLATFORM IS AT YOUR SOLE RISK. THE EZLINKS PARTIES DO NOT WARRANT THAT YOUR USE OF THE EZLINKS PLATFORMS IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE EZLINKS PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.
Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL THE EZLINKS PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE EZLINKS PLATFORMS; (B) YOUR CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE EZLINKS PLATFORMS; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE EZLINKS PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE EZLINKS PLATFORMS; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE EZLINKS PLATFORMS; (G) THE ACTION OR INACTION OF ANY GOLF COURSE, GOLF COURSE MANAGEMENT COMPANY OR RESORT; (H) YOUR ACTIVITIES AT OR TRAVELING TO OR FROM A GOLF COURSE; OR (I) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE EZLINKS PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF AN EZLINKS PLATFORM). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE EZLINKS PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00). YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF EZLINKS' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT OR SERVICE OWNED OR CONTROLLED BY THE EZLINKS PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT OR SERVICE OWNED OR CONTROLLED BY THE EZLINKS PARTIES.
YOU ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN GOLF IS A POTENTIALLY STRENUOUS ACTIVITY AND PRESENTS RISK OF PROPERTY DAMAGE, PERSONAL INJURY AND DEATH. YOU HAVE VOLUNTARILY ELECTED TO PARTICIPATE IN THE ACTIVITIES ASSOCIATED WITH THE GAME OF GOLF WITH KNOWLEDGE OF THE DANGERS INVOLVED, AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF PROPERTY DAMAGE, PERSONAL INJURY, AND DEATH. YOU DO HEREBY WAIVE, RELEASE, AND DISCHARGE US AND OUR AGENTS, OFFICERS, AND EMPLOYEES FROM ANY AND ALL LIABILITY FOR PROPERTY DAMAGE, PERSONAL INJURY, AND WRONGFUL DEATH, AND CLAIMS OF ANY NATURE WHICH MAY HEREAFTER ACCRUE TO YOU OR YOUR ESTATE AS A DIRECT OR INDIRECT RESULT OF YOUR PARTICIPATION IN THE GAME OF GOLF IN CONNECTION WITH THE EZLINKS PLATFORMS.
No Third Party Beneficiaries.
Nothing expressed or implied in these Terms is intended to confer upon any person other than the parties and their respective successors or permitted assigns, any rights, remedies, obligations or liabilities whatsoever. The legal relationship between you and the golf course is not addressed in these Terms, but is subject to the terms and conditions of any agreement you enter into with that golf course.
Location and Territorial Restrictions.
The information provided through the EZLinks Platforms and the EZLinks Platforms themselves are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We control and operate the EZLinks Platforms from offices located in the United States and make no representations or warranties that the use of the EZLinks Platforms are appropriate for use or access in other locations. Anyone using the EZLinks Platforms from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws apply. We reserve the right to limit the availability of the EZLinks Platforms or any portion of the EZLinks Platforms, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide. Software related to or made available by the EZLinks Platforms may be subject to United States export controls. Thus, no software from the EZLinks Platforms may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the EZLinks Platforms, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
If a dispute arises between you and EZLinks, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that relates to or arises out of these Terms or an EZLinks Platform (a "Claim") in accordance with the subsections below.
You and EZLinks agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof (collectively, "Disputes") will be settled by binding arbitration; except that either party retains the right to bring an individual action in small claims court. You acknowledge and agree that you and EZLinks are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and EZLinks otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Legal Disputes/Arbitration" section will be deemed void. This "Legal Disputes/Arbitration" section will survive any termination of these Terms. Notwithstanding the foregoing, each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights or breach of the Your Content provisions of these Terms (collectively, “Excluded Disputes”).
Arbitration Rules, Governing Law, Jurisdiction and Venue.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Section of these Terms. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. These Terms and any action related thereto will be governed by the laws of the State of Illinois without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action taken in a small claims court as contemplated by these terms will be the courts located in the Northern District of Illinois and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules (The AAA provides form Demands for Arbitration at www.adr.org). The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Illinois and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure.
Unless you and EZLinks otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and EZLinks submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the Limitation of Liability section of these Terms as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. EZLinks will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, EZLinks will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
If EZLinks changes this Legal Disputes/Arbitration section, you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the "Effective Date " date. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and EZLinks in accordance with the provisions of this Section as of the date you first accepted these Term (or accepted any subsequent changes to these Terms).
You agree that any action at law or in equity relating to the arbitration provision of these Terms or the Excluded Disputes will be filed only in the state or federal courts located in Cook County, Illinois and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
In our sole discretion, we may assign these Terms without notice to you. You may not assign these Terms without our prior written consent.
The waiver by either party of any breach of these Terms will not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing, and signed by the party waiving its rights.
If any term of these Terms is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of these Terms will remain in full force and effect.
Our Right To Update These Terms.
We reserve the right to modify or add to these Terms at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the EZLinks Platforms so that they are accessible via a link on the home page, and that your use of the EZLinks Platforms after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the EZLinks Platforms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the EZLinks Platforms from that point forward.
These Terms constitutes the entire agreement between you and EZLinks with respect to your use of the EZLinks Platforms and supersedes all prior agreements, proposals, negotiations, representations or communications.