The terms and conditions for the use of www.bigshotsgolf.com, (collectively hereinafter referred to at times as the "Site") are set forth below (hereinafter referred to as the "Terms and Conditions" or "Terms and Conditions Agreement"). By using or accessing this Site, you hereby agree to be bound by the Terms and Conditions. If you do not agree with or accept these Terms and Conditions, discontinue or do not use this Site. The terms, conditions and other provisions contained herein are subject to change and can be modified at any time. Be sure to review this Terms and Conditions Agreement periodically for updates, as your continued use of the Site signifies your acceptance of any changed terms and conditions set forth in this Terms and Conditions Agreement.
The headings contained in this Terms and Conditions Agreement are inserted for reference only and shall not in any way define or affect the meaning, constructions, or scope of any of the provisions contained in this Terms and Conditions Agreement. Reference to "BigShots Golf", "Company", "we" or "us", refers to BigShots Golf LLC.
1. INTELLECTUAL PROPERTY
The BigShots Golf and other marks and logos are the intellectual property of BigShots Golf, LLC and its affiliates and subsidiaries (collectively, "BigShots Golf").
Our Site and all of its contents (including, without limitations, articles, text, charts, photographs, images, illustrations, graphics, video material, audio material, and software (collectively, the "Intellectual Property"), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by BigShots Golf or the party credited as the provider of the intellectual property. Additionally, the Site itself is protected by copyright as a collective work and/or compilation.
Your use of this Site does not create, and nothing contained in this Site shall be constructed as creating or conferring to you, directly or by implication, estoppel, or otherwise, a license or any other rights in trademarks, service marks, copyrights or other intellectual property rights or nay other rights of BigShots Golf or any third party. This Site is provided free of charge and is for informational purposes only and does not create a business or professional services relationship between you and BigShots Golf.
No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by BigShots Golf in writing.
You may occasionally download or copy small amounts of materials appearing on the Site that are of personal interest to you for your personal, strictly non-commercial use. You must keep intact all copyright, trademark, and other notices contained in your personal copies. You may not reproduce or allow others to reproduce your personal copies of downloaded or copied materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on the Site. You may not or attempt to alter or modify the content posted on the Site. Except as expressly set forth in this paragraph, you may not copy, download, display, distribute, publish, enter into a database, display, perform, modify, create, derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way use any of our Intellectual Property or the Site itself.
2. PROPER USE OF OUR SITE
This Site is made available to provide information about BigShots Golf. You may not use this Site for any purpose that is unlawful or prohibited by this Terms and Conditions Agreement including, but not limited to, violating or infringing upon our Intellectual Property rights, or that causes damage to us or others directly or indirectly on or through this Site. You agree that none of your communications with or through the Site will violate any applicable local, state, national, international or other law or regulation. You further agree that none of your communications with or through the Site will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material. You agree not to affect/interrupt or to attempt to affect/interrupt the operation of this Site in any manner. We may block you from this Site at our sole and absolute discretion.
You agree to defend, indemnify, and hold BigShots Golf, its affiliates, and their officers, directors, employees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, causes of action, damages, losses, expenses, liabilities and settlements including, without limitations, reasonable legal and accounting fees and cost of suit, resulting from, or alleged to result from, or arising out of or in connection with, your use of the Site, including without limitation your use of the Site in a manner that violates or is alleged to violate this Terms and Conditions Agreement or any applicable law or regulation.
3. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
BigShots Golf does not guarantee the accuracy of information found on the Site. Your reliance on information found on the Site is at your own risk.
THE SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BIGSHOTS GOLF, ITS AFFILIATES, LICENSORS, SUPPLIERS AND ANY OTHERS INVOLVED IN CREATING THE SITE AND/OR ITS CONTENTS MAKE NO REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT.
UNDER NO CIRCUMSTANCES WILL BIGSHOTS GOLF, ITS AFFILIATES, LICENSORS, SUPPLIERS OR ANY OTHERS INVOLVED IN CREATING THE SITE AND/OR ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE, ITS FEATURES AND/OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN BIGSHOTS GOLF OR ANY SUCH OTHER PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBLITY OF SUCH DAMAGE.
BIGSHOTS GOLF, ITS AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND ANY OTHERS INVOLVED IN CREATING THE SITE AND/OR ITS CONTENTS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FEATURES OF OR INFORMATION AVAILABLE ON THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONALBE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMAITON PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY. BIGSHOTS GOLF UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CORRECTNESS, ACCURACY, RELIABILITY OR CURRENCY OF SUCH INFORMATION.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the aggregate liability of BigShots Golf or any affiliate, licensor, supplier or any other party involved in creating this Site and/or its contents, to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site or $100, whichever is less. You agree to bring any and all actions within one year from the date the cause of action first occurred and that actions brought after this date will be forever barred.
4. LINKS TO OTHER WEBSITES
Our Site may provide links to websites not operated by BigShots Golf. Accessing other websites linked to this Site is at your own risk. Such links do not imply, nor should you infer, BigShots Golf association, sponsorship, affiliation or endorsement of material on any other website, and BigShots Golf assumes no responsibility for third- party websites, including but not limited to any content contained on such websites. BigShots Golf does not vouch for, or make any judgment or warranty with respect to, the accuracy, reliability or availability of the information or the goods or services offered on third-party websites. Unless there is a specific written endorsement (using the word endorse or a derivative thereof), even if someone from BigShots Golf is quoted, leaves a comment, or our marketing or other materials make reference to that party's website, it shall not be construed as an endorsement, judgment or warranty of any kind.
Although BigShots Golf may open a new browser window when you click on a link to a third party's website, BigShots Golf does not guarantee that you will receive this alert when you leave the Site. It is your responsibility to determine when you have left this Site.
Unless otherwise set forth in a written agreement between you and BigShots Golf, you may link your website to the home page of our Site, provided that you comply with the following linking policy: (i) any link to the Site must be a text only link and clearly marked BigShots Golf Site, (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with BigShots Golf's names and trademarks, (iii) the link must point to the URL www.bigshotsgolf.com and not to other pages within the BigShots Golf Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with BigShots Golf, (v) when selected by a user, the link must display the BigShots Golf Site on full-screen and not within a frame on the linking Site, and (vi) BigShots Golf reserves the right to revoke its consent to the link at any time and in its sole discretion.
5. E-MAIL
E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.
6. FEEDBACK AND SUBMISSIONS
Submission of any remarks, suggestions, material, information, ideas or other communications (each submission) to this Site will be deemed to transfer to BigShots Golf all present and future ownership and intellectual property rights in such submission of every kind and nature everywhere. All such submissions by you are voluntary, and BigShots Golf has no obligation to treat such submissions as confidential or to compensate you for the submission. You agree that all such material, information and ideas are your own original works, and that they have not been published, publicly displayed, performed or transmitted in any manner whatsoever. In addition, you agree that you hereby waive all publicity rights and so-called moral rights. You agree that BigShots Golf has the right, but not the obligation, to display and use your name, likeness and other personal information submitted by you with the submission. If any court determines that BigShots Golf does not retain exclusive ownership of any such submissions, then BigShots Golf retains a royalty free, exclusive, sublicensable (through multiple tiers) right and license to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, translate, create derivative works from and distribute the submissions throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised.
BigShots Golf is not responsible for any submission on its social media pages, including but not limited to Facebook, Twitter, and Instagram which feed into the Site. You shall not submit or otherwise publish through such social media pages any content which libels, defames or invades privacy, or is obscene, pornographic, abusive, or threatening; infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trademarks; violates any law; advocates illegal activity; or advertises or otherwise solicits funds or is a solicitation for goods or services (collectively Non-Approved Material).
7. ADDITIONAL TERMS
BigShots Golf may terminate your access to this Site immediately without notice if, in BigShots Golf's sole discretion, you fail to comply with any of the terms of this Terms and Conditions Agreement. You may terminate this Terms and Conditions Agreement, immediately without notice to BigShots Golf, at any time by discontinuing your use of the Site, and your use of any information you have obtained from the Site. The paragraphs entitled Intellectual Property, Disclaimer of Warranty and Limitation of Liability, Feedback and Submissions, Additional Terms, and Governing Law and Jurisdiction shall survive termination of this Terms and Conditions Agreement for any reason.
BigShots Golf reserves the right to seek all remedies available at law and in equity for violations of this Terms and Conditions Agreement, including suspending or blocking your access to the Site.
Certain areas within this Site may be governed by additional terms and conditions (Additional Terms) presented in conjunction with those areas. You must agree to these Additional Terms before using those areas. The Additional Terms and this Terms and Conditions Agreement both apply. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms and Conditions Agreement, this Terms and Conditions Agreement takes control.
8. PRIVACY AND CHILDREN'S INFORMATION
With respect to children's privacy, we do not knowingly collect any personally identifiable information from children under the age of thirteen years. This Site is directed to adults at least 13 years old, and when a user discloses personal information on this Site, the user is representing to us that he or she is 13 years or older, or if he or she is under age 13 that he or she is using this Site with the involvement of a parent or guardian
9. NO WAIVER
No delay or failure by BigShots Golf to enforce any of these Terms and Condition Agreements shall constitute a waiver of any of our rights under this Terms and Conditions Agreement. Neither the receipt of any funds by BigShots Golf nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of this Terms and Conditions Agreement. Only a specific, written waiver signed by an authorized representative of BigShots Golf shall have any legal effect.
10. PHOTO/VIDEO CONSENT
BigShots Golf is authorized to use, reproduce, and/or publish photographs and/or video that may pertain to guests including their images, likeness and/or voice without compensation. This material may be used in various publications, public affairs releases, recruitment materials, broadcast public service advertising (PSA) or for other related endeavors. BigShots Golf may use, publish, copyright, reuse, republish, reproduce, license, or sell all images, for commercials and/or other purposes. This authorization is continuous and may only be withdrawn by a guest's specific recession of this authorization. Consequently, the Corporation or project sponsor may publish materials, use the guests name, photograph, and/or make reference to the guest in any manner that the Corporation or project sponsor deems appropriate in order to promote/publicize service opportunities.
11. SEVERABILITY
If any clause or provision set forth in this Terms and Conditions Agreement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.
12. GOVERNING LAW AND JURISDICTION
This BigShots Golf Site is operated by BigShots Golf, LLC. BigShots Golf makes no representation that the information in this Site is appropriate or available for use outside of the United States, and access to this Site from territories where the content of the Site may be illegal is prohibited. If you access this Site from outside the United States, be advised this Site may contain references to products and services that are not available or are prohibited in your country. Those who choose to access this Site from outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. This Terms and Conditions Agreement and all policies and documents incorporated herein by reference constitute the entire agreement between BigShots Golf and you with respect to the subject matter herein.
This Terms and Conditions Agreement and any disputes arising under or related to this Terms and Conditions Agreement and/or any additional terms to this Site shall be governed by the laws of the State of Illinois without reference to its conflict of law principles. You agree to submit to the exclusive personal jurisdiction and venue of the courts located within Peoria County, Illinois for any legal proceeding arising from this Terms and Conditions Agreement and/or any additional terms to this Site, regardless of the cause of action or which party has initiated the legal proceeding.
This English-language Terms and Conditions Agreement is BigShots Golf's official agreement with users of this Site. In case of any inconsistency between this English-language Terms and Conditions Agreement and its translation into another language, this English-language document shall control.
13. ETIQUETTE IN TEE BOXES
14. SAFETY RULES
