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LastMinuteGolfer/Last Minute Tee Times Terms and Conditions
This Web site is offered to the
user conditioned on acceptance by the user without modification of the
terms, conditions, and notices contained herein. By accessing and using
this Web site, the User is deemed to have agreed to all such terms and
conditions.
LastMinuteGolfer Patent
The unique way that we present tee times to golfers is now covered under
US Patent #7,249,041
Copyright And Trademark Notices
All contents of this Web site are: Copyright © 1999-2008 Last Minute Tee Times, Inc. and/or its suppliers.
All rights reserved. This Web site is for the User's personal, noncommercial use. User may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products or services obtained from this Web site. "Point, Click and Golf!",
"LastMinuteGolfer.com" and "Red Flag Specials" are all service marks owned by Last Minute Tee Times, Inc.,
Alpharetta Georgia.
Use of the
LastMinuteGolfer.com site
User represents and warrants that he or she possesses the legal right and
ability to enter into this Agreement and to use this Web site in
accordance with all terms and conditions herein. User agrees to be
financially responsible for all use of this Web site (as well as for use
of User's account by others, including without limitation minors living
with User). User agrees not to assign, transfer or sublicense User's
rights pursuant to this Agreement. User may allow other members of User's
household to use this Web site under User's name or account, provided that
User hereby agrees to pay all charges that they incur and to be
responsible for all other aspects of their usage. User agrees to supervise
all usage by minors of this Web site under User's name or account. The
LastMinuteGolfer Golf Reservation feature of this Web site is
provided solely to permit User to determine the availability of golf
related goods and services and to make legitimate reservations or
otherwise transact business with suppliers, and for no other purposes.
Without limitation, User shall not make any speculative, false or
fraudulent reservation or any reservation in anticipation of demand. User
agrees that the golf reservations facilities of this Web site shall be
used only to make legitimate reservations or purchases for User or for
another person for whom User is legally authorized to act. User agrees to
abide by the terms or conditions of purchase imposed by any supplier with
whom User elects to deal including, but not limited to, payment of all
amounts when due and compliance with all rules regarding availability of
fares, products or services. User shall be completely responsible for all
charges, fees, duties, taxes and assessments arising out of the use of
this Web site.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer, and you agree to
accept responsibility for all activities that occur under your account or
password.. If you are under 18, you may use LAST MINUTE TEE TIMES / LASTMINUTEGOLFER only with involvement of a parent or guardian. LAST
MINUTE TEE TIMES and its affiliates reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in their sole
discretion.
Links to other Web Sites
This Web site may contain links and pointers to Internet sites maintained
by third parties. Last Minute Tee Times does not operate or control in any
respect any information, products or services on such third-party sites.
Third party links and pointers are included solely for the convenience of
users, and do not constitute any endorsement by Last Minute Tee Times
and/or its suppliers. User assumes sole responsibility for use of third
party links.
Reviews, comments, communications, and other content
Visitors may post
reviews, comments, and other content; send e-cards and other communications;
and submit suggestions, ideas, comments, questions, or other information, so
long as the content is not illegal, obscene, threatening, defamatory, invasive
of privacy, infringing of intellectual property rights, or otherwise injurious
to third parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "spam." You may not use a false e-mail
address, impersonate any person or entity, or otherwise mislead as to the
origin of a card or other content. LAST MINUTE TEE TIMES / LASTMINUTEGOLFER reserves the right
(but not the obligation) to remove or edit such content, but does not regularly
review posted content.
If you do post
content or submit material, and unless we indicate otherwise, you grant LAST
MINUTE TEE TIMES and its affiliates a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sublicensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, and display such
content throughout the world in any media. You grant LAST MINUTE TEE TIMES / LASTMINUTEGOLFER and
its affiliates and sublicensees the right to use the name that you submit in
connection with such content, if they choose. You represent and warrant that
you own or otherwise control all of the rights to the content that you post;
that the content is accurate; that use of the content you supply does not
violate this policy and will not cause injury to any person or entity; and that
you will indemnify LAST MINUTE TEE TIMES / LASTMINUTEGOLFER or its affiliates for all claims
resulting from content you supply. LAST MINUTE TEE TIMES / LASTMINUTEGOLFER has the right but not
the obligation to monitor and edit or remove any activity or content. LAST
MINUTE TEE TIMES takes no responsibility and assumes no liability for any
content posted by you or any third party.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB
SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. LAST MINUTE TEE TIMES, INC.
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE
AT ANY TIME. LAST MINUTE TEE TIMES AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. LAST MINUTE TEE TIMES AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NONINFRINGEMENT. IN NO EVENT SHALL LAST MINUTE TEE
TIMES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO
USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE
USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE, EVEN IF LAST MINUTE TEE TIMES AND/OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
Software Available On This Web Site
Any software that is made available to download from this Web site
("Software") is the copyrighted work of Last Minute Tee Times.
Use of the Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the Software
("License Agreement"). End users shall not install or use any
Software that is accompanied by or includes a License Agreement, unless
the end user first agrees to the License Agreement terms. For any Software
not accompanied by a license agreement, the following shall constitute the
License Agreement: Last Minute Tee Times hereby grants to the User a
personal, nontransferable license to use the Software for viewing and
otherwise using this Web site in accordance with these terms and
conditions, and for no other purpose. Please note that all Software,
including without limitation all HTML code contained in this Web site, is
owned by Last Minute Tee Times and/or its suppliers and is protected by
copyright laws and international treaty provisions. Any reproduction or
redistribution of the Software is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING,
COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION
FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE
SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, LAST
MINUTE TEE TIMES HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT. RESTRICTED RIGHTS LEGEND. Any Software which is
downloaded from this Web site for or on behalf of the United States of
America, its agencies and/or instrumentalities ("U.S.
Government"), is provided with Restricted Rights. Use, duplication,
or disclosure by the U.S. Government is subject to restrictions as set
forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and
(2) of the Commercial Computer Software - Restricted Rights at 48 CFR
52.227-19, as applicable. Manufacturer is Last Minute Tee Times, Inc.
Use Of Information
The name, address and payment information (if applicable) that the User
provides via this Web site, together with information regarding the manner
in which the User uses this Web site, will not be processed or disclosed
by Last Minute Tee Times except as permitted by these terms and
conditions. By being a user of this Web site, the User agrees that Last
Minute Tee Times may share with other parties both aggregate information,
individual information, and locator gathered by Last Minute Tee Times in
the course of the User's continuing individual use of this Web site.
"Aggregate information" is information that describes the
habits, usage patterns and/or demographics of users as a group but does
not describe or reveal the identity of any particular user.
"Individual information" is information about a user that is
presented in a form distinguishable from information relating to other
users but not in a form that personally identifies any user or enables the
recipient to communicate directly with any user. "Locator
information" consists of a user's name, e-mail address, physical
address and/or other data about the user that enables the recipient to
personally identify the user. Any user who does not wish to receive any
special offers or communications from Last Minute Tee Times on behalf of
suppliers, or directly from Last Minute Tee Times or its affiliates, may
so notify Last Minute Tee Times at the listed below under SERVICE CONTACT.
(Note that a user's election not to receive such information will not
affect the user's receipt of offers and communications that were processed
prior to the users' election.) Locator information and individual
information will be processed and stored by Last Minute Tee Times in the
United States and, if the user does not live in the United States,
possibly in the country of residence. Users may contact Last Minute Tee
Times to determine whether such information has been accurately recorded
and, if not, to request correction of any inaccuracies in the information
recorded by Last Minute Tee Times.
Indemnity
As a condition of use of this Web site, the User agrees to indemnify Last
Minute Tee Times and its suppliers from and against any and all
liabilities, expenses (including attorneys' fees) and damages arising out
of claims resulting from User's use of this Web site, including without
limitation any claims alleging facts that if true would constitute a
breach by User of these terms and conditions.
Applicable Law
By visiting LAST
MINUTE TEE TIMES, you agree that the laws of the state of Georgia, without
regard to principles of conflict of laws, will govern these Conditions of Use
and any dispute of any sort that might arise between you and LAST MINUTE TEE
TIMES or its affiliates.
Disputes
Any dispute
relating in any way to your visit to LAST MINUTE TEE TIMES / LASTMINUTEGOLFER or to products you
purchase through LAST MINUTE TEE TIMES / LASTMINUTEGOLFER shall be submitted to confidential
arbitration in Atlanta, Georgia, except that, to the extent you have in any
manner violated or threatened to violate LAST MINUTE TEE TIMES / LASTMINUTEGOLFER intellectual
property rights, LAST MINUTE TEE TIMES / LASTMINUTEGOLFER may seek injunctive or other appropriate
relief in any state or federal court, and you consent to exclusive jurisdiction
and venue in such courts. Arbitration under this agreement shall be conducted
under the rules then prevailing of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through class
arbitration proceedings or otherwise.
General
Last Minute Tee Times reserves the right to make any and all changes to
this Web site at its sole discretion without notice to the User. Last
Minute Tee Times reserves the right to deny access to this Web site to
anyone at anytime. This Agreement shall be deemed to include all other
notices, policies, disclaimers, and other terms contained in this Web
site; provided, however, that in the event of a conflict between such
other terms and the terms of this Agreement, the terms of this Agreement
shall control. This Agreement is governed by the laws of the State of
Minnesota, U.S.A. User consents to the exclusive jurisdiction and venue of
courts in Hennepin County, Minnesota, U.S.A. in all disputes arising out
of or relating to the use of this Web site. Use of this Web site is
unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation
this paragraph. User acknowledges that no joint venture, partnership,
employment, or agency relationship exists between the User and Last Minute
Tee Times as a result of this Agreement or use of this Web site. User
agrees not to hold himself or herself out as a representative, agent, or
employee of Last Minute Tee Times and Last Minute Tee Times shall not be
liable for any representation, act or omission of the User. Last Minute
Tee Times's performance of this Agreement is subject to existing laws and
legal process and nothing contained in this Agreement is in derogation of
Last Minute Tee Times's right to comply with law enforcement requests or
requirements relating to the User's use of this Web site or information
provided to or gathered by Last Minute Tee Times with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision
and the remainder of the Agreement shall continue in effect. This
Agreement constitutes the entire agreement between the User and Last
Minute Tee Times with respect to this Web site and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral
or written, between the User and Last Minute Tee Times with respect to
this Web site. A printed version of this Agreement and of any notice given
in electronic form will be admissible in judicial or administrative
proceedings based upon or relating to this Agreement to the same extent
and subject to the same conditions as other business documents and records
originally generated and maintained in printed form. Any rights not
expressly granted herein are reserved.
Modification Of These Terms And
Conditions
Last Minute Tee Times reserves the right to change this Agreement at any
time by revising the terms and conditions herein. User is responsible for
regularly reviewing these terms and conditions. Continued use of this Web
site following any such changes shall constitute the User's acceptance of
such changes.
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