USER AGREEMENT IMPORTANT - READ CAREFULLY: THIS USER AGREEMENT (THE "AGREEMENT") IS BETWEEN YOU AND AFFINIGENT, INC. ("AFFINIGENT"). THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS REGARDING YOUR USE OF THE AFFINIGENT DESIGNED SITE KNOWN AS "GOPLAYGOLF.COM" (THE "WEB SITE"). BY REGISTERING AS A USER OF GOPLAYGOLF.COM AND THE WEB SITE, YOU AGREE TO FOLLOW AND TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ARE PERMITTED TO USE, REPRODUCE, AND DISPLAY MATERIALS ON THE WEB SITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE EXIT IMMEDIATELY, AND DO NOT USE THIS WEB SITE. THE USE, REPRODUCTION, OR DISPLAY OF ANY MATERIALS ON THE WEB SITE BY YOU OR BY A THIRD PARTY ON YOUR BEHALF CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
GENERAL USE PROVISIONS
All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services ("Materials"), are provided either by Affinigent or by its respective third party manufacturers, authors, developers, licensors and vendors ("Third Party Providers") and are the copyrighted work of Affinigent and/or its Third Party Providers. The Third Party Providers, including but not limited to Affinigent, are the intended beneficiaries of this Agreement and may enforce the terms of this Agreement against you. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, modified, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Affinigent or the appropriate Third Party Provider. Also, you may not "mirror" any Materials
contained on this Web Site on any other server without Affinigent's prior written consent. Affinigent hereby grants you permission to use, reproduce, and display Affinigent's Materials on this Web Site only, provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use, reproduction, and display of such Materials is solely for your own internal, personal, non-commercial and informational use and will not be distributed, provided, or displayed to third parties, posted on any networked computer, or broadcast in any media; (3) such use, reproduction, and display is only in accordance with the documentation, instructions, and other restrictions regarding the Materials; and (4) the Materials are not modified in any way. This permission terminates automatically without notice immediately upon the breach of any of the terms of this Agreement by you or by any person or entity acting on your behalf. Upon termination, you will
immediately destroy any downloaded, copied, reproduced or printed Materials.
Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
LINKS TO THIRD PARTY SITES
This Web site may contain links to web sites controlled by persons other than Affinigent. Affinigent is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites or any transactions completed through such sites. It is your responsibility to take precautions to ensure that whatever materials you select for your use are appropriate for your purposes and are free of viruses or other items of a destructive nature.
SOFTWARE USE RESTRICTIONS
Any software that may be made available to download from this Web Site ("Software") is the copyrighted work of Affinigent and/or Third Party Providers. Use of the Software is governed by this Agreement and the additional terms set forth in this Section ("Software Use Restrictions"). For purposes of this Agreement, the term "Software" includes without limitation computer software and/or materials provided with or incorporated into the Software, and any related materials or documentation thereto. You agree to the Software Use Restrictions by installing, copying, downloading, or using the Software. The Software is made available for downloading solely for use by end users in accordance with the provisions of this Agreement, including without limitation the Software Use Restrictions. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction or
redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with this Agreement is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Title and copyrights in and to the Software, and any copies thereof, are owned by and remain with Affinigent and/or its Third Party Providers. The Software is protected by copyright laws, other intellectual property laws, and international treaties. Unauthorized use or copying of the Software or otherwise failing to comply with the terms and conditions of this Agreement will result in automatic termination of this license and will entitle Affinigent and/or its suppliers to other legal remedies. Upon termination of this Agreement for any reason whatsoever: (i) you must immediately cease using the Software, (ii) all of the rights granted to you hereunder shall immediately cease, and (iii) you must promptly destroy or erase
all copies (including back-up copies) of the Software.
THE SOFTWARE IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS AND AFFINIGENT AND THE THIRD PARTY PROVIDERS MAKE NO WARRANTIES OF ANY KIND REGARDING THE SOFTWARE OR THE USE OR PERFORMANCE THEREOF. AFFINIGENT AND THE THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AFFINIGENT AND THIRD PARTY PROVIDERS DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR THE ACCOMPANYING DOCUMENTATION. AFFINIGENT AND THE THIRD PARTY PROVIDERS SHALL HAVE NO LIABILITY FOR ANY YEAR-2000 RELATED ISSUES OR FOR ANY VIRUSES RELATED TO THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AFFINIGENT AND THE THIRD PARTY PROVIDERS DO NOT
WARRANT THAT (A) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (B) THE SOFTWARE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA; (C) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE; (D) ANY PROGRAM ERRORS WILL BE CORRECTED; OR (E) SECURITY PROCEDURES USED WILL PROTECT CONFIDENTIAL OR PRIVATE INFORMATION THAT YOU PLACE ON THE SOFTWARE.
Except where expressly provided otherwise by Affinigent, all comments, feedback, information or materials submitted to Affinigent through or in association with this Web Site ("Submissions") shall be considered non-confidential and Affinigent's property. By providing such Submissions to Affinigent, you assign to Affinigent, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Affinigent, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
When you register with Affinigent, we collect certain information about you, including your Internet address. We track the Internet address of the domains from which users visit us and analyze this data for trends and statistics. We also use your Internet address to help diagnose problems with our server and to administer our Web Site. Your Internet address is used to help identify you and your purchases through Affinigent and to gather demographic information.
materials from Affinigent and others. Your contact information is also used to contact you when necessary and may be shared with other companies who may want to contact our users. Affinigent provides users the opportunity to elect not to receive e-mail updates regarding the Web Site. If you do not want to receive these communications from us, please indicate this when you are registering or send an e-mail email@example.com.
Certain portions of the Web Site may prompt you to provide other personal information in your user profile. You may choose not to provide this information, but if you do so you may be unable to access certain options, offers, and services on the Web Site. Affinigent does not currently sell, trade, or rent any personal information that identifies particular individuals to any third parties; however, we may choose to do so in the future. Affinigent may also use this information for Affinigent marketing purposes. The user profile will provide you the option to elect not to receive future mailings, or you may send an e-mail firstname.lastname@example.org. Also, Affinigent may provide aggregate statistics about our customers, sales, traffic patterns, and related site information to third parties, but
these statistics will not include information that identifies particular individuals.
Affinigent may, from time to time, ask demographic or personal preference questions. You are never required to answer these questions; however, the information that you provide may be used for analyzing overall site demographics, user preferences and tastes, and similar "getting to know our customers" purposes. This information may also be disclosed to third parties.
Affinigent may include certain functions that permit you to enter personal information, such as contact information on your customers or prospective customers. Affinigent will take reasonable steps to attempt to protect the individual contact information that you enter into the functions on Affinigent from unauthorized access or disclosure. The Web Site has certain security measures in place to protect against the loss, misuse and alteration of the information under our control; however, no security measure is foolproof.
THE SOFTWARE IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS AND AFFINIGENT AND THE THIRD PARTY PROVIDERS MAKE NO WARRANTIES OF ANY KIND REGARDING THE SOFTWARE OR THE USE OR PERFORMANCE THEREOF. AFFINIGENT AND THE THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AFFINIGENT AND THIRD PARTY PROVIDERS DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR THE ACCOMPANYING DOCUMENTATION. AFFINIGENT AND THE THIRD PARTY PROVIDERS SHALL HAVE NO LIABILITY FOR ANY YEAR-2000 RELATED ISSUES OR FOR ANY VIRUSES RELATED TO THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AFFINIGENT AND THE THIRD PARTY PROVIDERS DO NOT WARRANT THAT (A) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (B) THE
SOFTWARE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA; (C) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE; (D) ANY PROGRAM ERRORS WILL BE CORRECTED; OR (E) SECURITY PROCEDURES USED WILL PROTECT CONFIDENTIAL OR PRIVATE INFORMATION THAT YOU PLACE ON THE SOFTWARE.
Affinigent uses an online order form for you to order information, products, and services through the Web Site. We collect financial information (like your account or credit card numbers) when you complete this online order form. Financial information that we collect is used to bill you for the information, products, and services that you order.
The Web Site may make chat rooms, forums, message boards, and/or news groups ("Forums") available for you to use. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. Affinigent is not responsible in any manner, and shall not be liable for, any materials, statements or information that may be presented, posted or broadcast in any Forums and Affinigent shall have no duty or obligation to review, edit, remove, correct or comment on any such materials, statements or information. If you present, post or broadcast any materials, statements or information in any Forum, you agree to indemnify and hold harmless Affinigent, and its officers, directors, employees and representatives from and against any claim, cost or demand (including, without limitation, reasonable attorneys' fees) arising therefrom.
The Web Site may contain links to other sites. Affinigent is not responsible for the privacy practices or the content of such web sites, notwithstanding the inclusion on such site of the trademarks of Affinigent.
You may update information previously provided to Affinigent by sending an email email@example.com
PERSONAL WEB SITE
Affinigent may offer a Personal Web Site that you may purchase from Affinigent. Affinigent may host this site for you and provide a web address for you. You are responsible for all content, images, links and text (collectively "content") displayed on pages within your Personal Web Site, including content provided by you or by any person that you give editing rights to. However, Affinigent reserves its sole right to remove or modify your content if, in the sole opinion, Affinigent believes it may create liability for Affinigent or is inappropriate in any respect.
The content distributed through your Personal Web Site: (a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, antidiscrimination or false advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene or contain pornography; and (e) shall not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You agree to pay all fees due by reason of your use, reproduction, downloading, or display of Materials on the Web Site. Fees do not include tax and, where applicable, you agree to pay any sales, use, property, value-added, withholding or other taxes that may be assessed in connection with such fees. All fees incurred in connection with the Web Site are non-refundable. If (i) you have paid fees associated with the Web Site and you believe that you did not receive the Materials and/or services that you ordered or (ii) you would like to cancel a subscription, please contact the individual listed in "Contact Information" below.
Affinigent may terminate the offering of the Web Site and any or all Personal Web Sites at its sole discretion. Following termination, we may remove some or all of your Submissions from the Web Site or some or all of your Content from any or all Personal Web Sites. If Affinigent terminates the Web Site or Personal Web Sites, you are entitled to a refund of any unused monthly maintenance fees on a prorata basis. You may request that the Content of your Personal Web Site be provided to you in electronic form, at your expense.
THE MATERIALS ON THE WEB SITE, INCLUDING BUT NOT LIMITED TO SOFTWARE, ARE PROVIDED STRICTLY ON AN "AS IS" BASIS. AFFINIGENT AND THE THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE MATERIALS ARE ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. AFFINIGENT AND THE THIRD PARTY PROVIDERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.
LIMITATION OF LIABILITY
AFFINIGENT AND THE THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS, INCLUDING BUT NOT LIMITED TO SOFTWARE. IN NO EVENT SHALL AFFINIGENT OR THE THIRD PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, INCLUDING WITHOUT LIMITATION WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE WEB SITE, EVEN IF AFFINIGENT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST AFFINIGENT FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, LOST PROFITS, OR LOST OPPORTUNITIES
RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD AFFINIGENT AND THE THIRD PARTY PROVIDERS HARMLESS FROM, AND YOU COVENANT NOT TO SUE AFFINIGENT OR THE THIRD PARTY PROVIDERS FOR ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.
LOCAL LAWS; EXPORT CONTROL
Affinigent controls and operates this Web Site from its headquarters in various locations in the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Web Site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Web Site are solely directed to individuals, companies or other entities located in the United States of America. You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed
countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from Affinigent, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
This Web Site may include inaccuracies or typographical errors. Affinigent and the Third Party Providers may make changes in the products, services, Software, and prices described in this Web Site at any time without notice. Affinigent may periodically make changes to the Web Site. Any action related to this Agreement will be governed by Pennsylvania law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. This Agreement represents the entire understanding relating to the use of the Web Site and prevails over any prior or contemporaneous, conflicting or additional, communications, including but not limited to statements on the Web Site. Affinigent has the right to revise this Agreement at any time without notice by updates posted to the Web Site. Any rights not expressly granted herein are reserved by Affinigent.
INTELLECTUAL PROPERTY NOTICES
Elements of the Web Site are protected by trademark and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web Site may be copied or retransmitted unless expressly permitted by Affinigent.
Affinigent, the Affinigent logo, and/or other Affinigent products or services referenced herein are trademarks of Affinigent, Inc., and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
Copyright © 2000 Affinigent, Inc., 4 Kent Road, Suite 200, York, PA 17402. All rights reserved.
If you have any questions about this Agreement, or if you would like to cancel your subscription or request a refund for Materials that were not delivered in accordance with the accompanying terms, please contact Affinigent Customer Support at (717) 600 0033, (717)600 2341 (fax) firstname.lastname@example.org