PERFORMANCE GOLF
TERMS OF USE
1. GENERAL TERMS OF USE
IMPORTANT! You are currently viewing a page of the Performance Golf website (“Site”) which is owned and operated by Black Fish Media, LLC. Performance Golf, Black Fish Media, LLC, and its subsidiaries, managers, members and employees (shall be collectively referred to as “Performance Golf”, “we,” “us,” “our”). This Site and any of the products and services offered or provided by Performance Golf in connection with this Site are being provided to you expressly subject to these Terms of Use which govern your use of this Site. Please read these Terms of Use carefully. By accessing this Site you agree to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, you should immediately exit this Site.
Modification of Terms of Use: Performance Golf reserves the right to modify these Terms of Use at any time without notice, but the most current version of the Terms of Use will always be available to you by clicking on this Site link. Accordingly, please consult the Terms of Use page of this Site prior to every use so you are familiar with any changes of our policy. If you find the Terms of Use unacceptable at any time, you should discontinue use of this Site. By continuing to use this Site after the effective date of any change to these Terms of Use, you agree to be bound by the rules contained in the most recent version of this Site’s Terms of Use. Performance Golf reserves the right to modify or terminate this Site or your access to this Site, in whole or in part, at any time.
No responsibility/liability for linked third party websites: Any information, products, merchandise or services offered or provided to you by any independent third party service providers accessed through navigation from this Site, are governed strictly by those third party providers through their respective website terms of use. If you choose to access a linked website, you agree to read, comply and be bound by that linked website’s Terms of Use, Privacy, and Security policies. Any services, advice, recommendations, or opinions offered on a third party website are not those of Performance Golf and any purchases or other transactions made through said third party websites are strictly between the User and that third party website provider. PERFORMANCE GOLF EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR LIABILITY ARISING OUT OF USAGE OF LINKED THIRD PARTY WEBSITES, WHICH WEBSITES USERS ACCESS AT THEIR OWN RISK.
Hyper-Links: This Site may be hyper-linked to other websites which are not maintained by, or related to, us. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or us. We have not reviewed such hyper-linked websites and are not responsible for the content of those websites. Hyper-links are to be accessed solely at user’s discretion and at user’s own risk. We make no representations or warranties about the content, completeness, accuracy, or security of these hyper-links or the websites hyper-linked to this Site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply our endorsement of that website, its contents, products or services.
Age Restrictions: You must be thirteen (13) years of age or older to access this Site. If you are under thirteen (13) years of age, you are not permitted to access this Site for any reason. Since no one under the age of thirteen (13) is permitted to access this Site, no information obtained by this Site falls within 16 CFR Part 312, Children’s Online Privacy Protection Act of 1998, 15 U.S.C. 6501–6505. Therefore, this Site does not monitor the collection of such information.
Accuracy of Information provided by Users: To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other personal information. It is a condition of your use of this Site that all the information you provide to us is truthful, correct, current, and complete. If we believe, in our sole and absolute discretion, that the information you provide is not truthful, correct, current, or complete, we have the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time, without notice.
Privacy Policy: We will treat any personal information that you submit through this site in accordance with our Privacy Policy as set forth on this Site.
Binding Contract, Jurisdiction and Venue: These Terms of Use constitute a contract between you and Performance Golf and is governed by the laws of the state of Florida without regard to conflicts of law. Exclusive jurisdiction for any litigation instituted arising out of these Terms of Use shall be solely and exclusively in the county or circuit courts of the state of Florida, with venue exclusively in Broward County, Florida. By accessing this Site you have accepted these Terms of Use, consent to jurisdiction in Broward County Florida for all purposes, and waive the defenses of lack of in personam jurisdiction and forum non-conveniens in any legal proceeding.
2. BILLING, REFUNDS, AND CANCELLATIONS
2.1. Refund Requests. Refunds can be requested by emailing support@performancegolf.com or calling 800-523-5760.
2.2. Digital Product Refund Policy. For all Digital Products, excluding Scratch Club and VIP Coaching, you have THREE HUNDRED AND SIXTY FIVE (365) Days from the date of purchase to request a 100% refund. Any refund requests after the THREE HUNDRED AND SIXTY FIVE (365) Day time limit will not be processed.
2.3. Scratch Club Monthly Membership Plan Refund Policy. Scratch Club monthly membership plan payments are non-refundable.
2.4. Scratch Club Annual Membership Plan Refund Policy. Scratch Club annual membership plan payments are refundable for THREE HUNDRED AND SIXTY FIVE (365) Days from the date of billing. Any refund requests after the THREE HUNDRED AND SIXTY FIVE (365) Day time limit will not be processed.
2.5. VIP Coaching Refund Policy. VIP Coaching monthly membership plan payments are non-refundable.
2.6. Trial Subscriptions. Performance Golf may offer trial subscriptions for certain products, including Scratch Club, and VIP Coaching. If you purchase a trial subscription, it will continue month-to-month unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees. You may cancel your membership by sending an email to support@performancegolf.com or calling 800-523-5760.
Scratch Club trial members may receive a 14-day free trial membership. The paying portion of your membership will begin 14 days after your trial has begun. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. To cancel your subscription, send an email to support@performancegolf.com or call 800-523-5760. Monthly Scratch Club membership subscriptions automatically renew each month at the stated retail price until the subscription buyer sends an email to support@performancegolf.com or calls 800-523-5760 notifying the company that they wish to cancel.
VIP Coaching trial members may receive a 30-day free trial membership. The paying portion of your membership will begin 30 days after your trial has begun. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. To cancel your subscription, send an email to support@performancegolf.com or call 800-523-5760. Monthly VIP Coaching membership subscriptions automatically renew each month at the stated retail price until the subscription buyer sends an email to support@performancegolf.com or calls 800-523-5760 notifying the company that they wish to cancel.
2.7. Billing Cycle. Charges for Performance Golf products, services, subscriptions, and any other charges you may incur in connection with your use of the service, such as taxes, will be charged to your Payment Method. The length of your billing cycle will depend on the type of product or subscription that you purchased. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month.
2.8. Cancellation. You can cancel your Performance Golf membership at any time. To cancel, send an email to support@performancegolf.com or call 800-523-5760.
2.9. Payment Methods. To purchase Performance Golf products, services, or subscriptions, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the product, service, or subscription until we have successfully charged a valid Payment Method.
2.10. Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes or changes to your subscription plan will take effect following notice to you.
3. Copyright and Trademark Restrictions on Use
Copyright: All of the pages and screens on this Site are owned and/or controlled by Performance Golf unless otherwise expressly stated, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on this Site include, but are not limited to, the text, design, software, images, videos, graphics, information, programs, protocols, source code, and all content on this Site. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material, other than those provided by your subscription agreement with Performance Golf, and neither title nor intellectual property rights are transferred to you by accessing this Site.
Restrictions on use: You are authorized to view the information available on this Site for your informational purposes only, and you may download copyrighted materials purchased from this Site for your personal purposes only. You may not copy, photograph, display, distribute, transfer, link to, reproduce, frame, remove, alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content, sell, license, create derivative works of or republish all or any portion of this Site or any materials contained thereon or purchased therefrom for any commercial or public purpose without our prior written consent. By way of example and not limitation, you may not (and may not authorize any other party to) (i) co-brand this Site; (ii) frame this Site, (iii) hyper-link to this Site; or (iv) take screen shots, copy, reproduce, sell, lease, loan, license or distribute any of the materials or information provided on this Site or purchased from this Site without our express prior written permission. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, sell, license, or distribute this Site, content accessible within this Site, or products and content purchased through this Site. You agree to cooperate with us in causing any unauthorized co-branding, framing, hyper-linking, copying, selling licensing, or other impermissible use of our content or products to immediately cease. You understand and acknowledge that modification or use of our content or products, except as expressly provided in these Terms of Use or in a separate sales or license agreement, violates our intellectual property rights.
User grant of license for submissions and postings: With regard to any submissions or postings made by you in accordance with Section 7 below, you hereby grant to Performance Golf the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to us through this Site (collectively “submissions and postings”), and to incorporate all submissions and postings in other works in any form, media, or technology now known or later developed. We will not be required to treat any submissions and postings as confidential, and may use them in whole or in part, in complete, modified, revised or adapted form, in our business including, but not limited to, in advertising, promotion, product packaging and product content without incurring any liability for royalties or any other compensation or consideration of any kind to you.
Notifications of Claimed Infringement: If the owner of any copyrighted work believes that any user of this Site has infringed on his/her/its copyright, pursuant to 17 U.S.C. § 512(c)(3)(A), said copyright owner may send written notification of the claimed infringement to our designated agent as follows:
support@performancegolf.com
101 NE 3rd Ave STE 1500 Fort Lauderdale, Fla 33301
4. Mobile Terms & Conditions
Performance Golf offers its customers mobile alerts regarding billing status, product launches, and cart reminders by SMS message (the “Service”). By purchasing a product or service from Performance Golf, you are agreeing to these Terms and to the Privacy Policy.
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Performance Golf reserves the right to stop offering the Service at any time with or without notice.
By opting into the Service, you:
A. Authorize Performance Golf to use auto dialer or non-auto dialed technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
B. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
C. Consent to the use of an electronic record to document your opt-in. To request an update to our records with your contact information, you may send an email to support@performancegolf.com or call 1-800-523-5760. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails.
Content You May Receive
Once you place an order, your message frequency may vary. You may receive alerts about:
A. Billing status
B. Cart reminders
C. Product launch announcements
Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Performance Golf may add or remove any wireless carrier from the Service at any time without notice. Performance Golf and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To Stop the Service
To stop receiving text messages from Performance Golf, text the word STOP toany time or reply STOP to any of the text messages you have received from Performance Golf. After texting STOP you will receive one additional message confirming that your request has been processed.
Questions
You can contact us by sending an email to support@performancegolf.com or calling 1-800-523-5760.
Changes to Terms
These Mobile Terms and Conditions are subject to change at any time without notice.
5. DISCLAIMERS
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ALL DATA, INFORMATION, TEXT, GRAPHICS, VIDEOS, LINKS AND OTHER MATERIAL ON THE PERFORMANCE GOLF SITE ARE PROVIDED “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” AS A CONVENIENCE TO OUR SITE VISITORS. PERFROMANCE GOLF DOES NOT WARRANT THE ACCURACY OF ANY DATA, INFORMATION, TEXT, GRAPHICS, VIDEOS, LINKS, OR OTHER MATERIALS ON THIS SITE OR ON ANY THIRD PARTY SITE TO WHICH USER LINKS THROUGH THIS SITE, WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
PERFORMANCE GOLF CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES, CHECKPOINTS, AND ON-LINE SECURITY SOFTWARE AND SYSTEMS TO PROTECT YOUR COMPUTER SYSTEM AND YOUR DATE AND TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THIS SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. WE DO NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET.
YOU ACKNOWLEDGE THAT NEITHER PERFORMANCE GOLF, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE MANAGERS, MEMBERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, WEBSITE HOSTERS, OR LICENSORS WARRANT THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, PRODUCTS, OR THE SITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. PERFORMANCE GOLF DOES NOT WARRANT THAT IT WILL UPDATE, CORRECT, REVISE, OR REMOVE ANY INFORMATION ON THIS SITE AND ACCEPTS NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN ANY OF THE MATERIALS ON OR ANY MATERIALS REFERRED TO IN THIS SITE OR LINKED TO THIS SITE.
THE ADVERTISED RESULTS OF THE SUCCESS STORIES AND TESTIMONIALS POSTED THROUGHOUT THIS SITE ARE FROM ACTUAL USERS OF THE TACTICS, STRATEGIES, TOOLS AND THEORIES DISCUSSED IN THE MATERIALS AND PRODUCTS WE SELL. WHILE WE BELIEVE SIMILAR RESULTS MAY BE OBTAINED BY OTHER INDIVIDUALS WHO STRICTLY COMPLY WITH THE TRAINING TIPS AND REGIMENS OUTLINED IN OUR PRODUCTS, THE RESULTS ACHIEVED ARE UNIQUE TO EACH INDIVIDUAL PROVIDING THE TESTIMONIALS. YOU ACKNOWLEDGE THAT THE RESULTS OBTAINED THROUGH THE VIEWING AND USE OF THE VIDEOS, PRODUCTS AND OTHER MATERIALS PROVDED BY OR THROUGH THIS SITE WILL VARY FOR EACH USER, PURCHASER OR SUBSCRIBER. By PURCHASING, LICENSING, AND/OR USING OUR PRODUCTS, USER ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT PERFROMANCE GOLF DOES NOT WARRANT USER WILL ACHIEVE ANY SUCCESS, IMPROVEMENT, OR CHANGE IN HIS/HER GOLF GAME THROUGH USE OF THE SERVICES, VIDEOS AND MATERIALS PROVIDED TO USER OR THAT USER WILL ACHIEVE RESULTS SATISFACTORY TO USER. PERFORMANCE GOLF DOES NOT WARRANT AND IS NOT LIABLE FOR USER’S OR SUBSCRIBER’S ACCEPTANCE, RELIANCE, OR DEPENDENCE ON ANY SERVICES RENDERED BY, OR PRODUCTS PURCHASED FROM THIS SITE OR ANY WEBSITE TO WHICH USER IS LINKED.
ALL OF THE INFORMATION IN THIS SITE, WHETHER HISTORICAL IN NATURE OR FORWARD-LOOKING, SPEAKS ONLY AS OF THE DATE THE INFORMATION IS POSTED ON THIS SITE, AND COMPANY DOES NOT UNDERTAKE ANY OBLIGATION TO UPDATE SUCH INFORMATION AFTER IT IS POSTED OR TO REMOVE SUCH INFORMATION FROM THIS SITE IF IT IS NOT, OR IS NO LONGER, ACCURATE OR COMPLETE.
6. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT PERFORMANCE GOLF IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY THE USE OF THE MATERIALS, PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE OR RESULTING FROM USER’S ACCESS TO THIS SITE OR ANY WEBISTE LINKED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PERFORMANCE GOLF WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, ECONOMIC, EXEMPLARY, PUNITVE, OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE PRODUCTS AND SERVICES PURCHASED THROUGH THIS SITE OR FOR THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, INTERNET BROWSER SOFTWARE VULNERABILITY, DAMAGES ARISING FROM OR ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM WHEN ACCESSING THIS SITE OR ANY WEBSITE TO WHICH USER IS LINKED, BODILY INJURY OR DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, LOSS OF REVENUE OR INCOME, OR ANY OTHER DAMAGES OF ANY NATURE, FORM OR DESCRIPTION, EVEN IF COMPANY HAD BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY USER.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PERFORMANCE GOLF AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MANAGERS, MEMBERS, EMPLOYEES OR, AGENTS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY USER TO PERFORMANCE GOLF FOR ITS SERVICES OR PRODUCTS.
7. INDEMNIFICATION
BY USING THIS SITE AND/OR THE PRODUCTS AND/OR SERVICES PROVIDED THROUGH THIS SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PERFORMANCE GOLF, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, WEBSITE DESIGNERS, WEB HOST AND INTERNET SERVICE PROVIDERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, INDEPENDENT CONTRACTORS AND AGENTS (HEREINAFTER KNOWN AS THE “INDEMNIFIED PARTIES”), FROM, FOR, AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS’ FEES, ARISING OUT OF YOUR VIOLATION OF THESE TERMS OF USE, MISUSE OF THE PRODUCTS AND/OR SERVICE LICENSED OR PURCHASED FROM THIS SITE, OR THE VIOLATION OR MISUE OF THIS SITE,INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF OUR PROHIBITED SUBMISSIONS AND POSTINGS POLICIES, AND INCLUDING SUCH VIOLATION OR MISUSES CONDUCTED BY YOUR GUARDIAN, EMPLOYEE OR AGENT, IF APPLICABLE. YOU ALSO AGREE TO INDEMNIFY AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OR MISUSE OF THE INFORMATION AND CONTENT ACCESSED FROM THIS SITE.
8. SUBMISSIONS OR POSTING TO THIS SITE
Accepted submissions or postings: Users may submit and/or post comments to message boards and other areas of This Site designated for such purposes. All submissions and postings are subject to This Site’s rules against prohibited submissions and postings set forth below.
Prohibited submissions and postings: You may not post, send, submit, publish, or transmit on, or in connection with, this Site any material or content that:
i) You do not have the legal right to post including, but not limited to, confidential or proprietary material of any third party;
ii) Is copyright or trademark protected and which you do not own, or which otherwise infringes or violates a) any individual’s or entity’s intellectual property rights; b) any individual’s publicity rights; c) misappropriates any individual’s likeness; or d) violates any individual’s privacy rights;
iii) Advocates illegal activity, discusses an intent to commit an illegal act, or otherwise violates any state law, United States Federal law, or international law;
iv) Seeks to solicit, exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
v) Is vulgar, obscene, pornographic or indecent, threatens, abuses or bullies others, libels, defames, invades privacy, stalks, is racist, sexist, abusive, harassing, threatening, espouses political, religious or other ideological view point, or is otherwise offensive;
vi) Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
vii) Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
viii) Solicits funds, advertisers or sponsors;
ix) Includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
x) Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real time activities via this site;
xi) Includes MP3 format files;
xii) Amounts to a ‘pyramid’ or similar scheme;
xiii) Disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this site;
xiv) Does not pertain directly to the content offered on this Site; or
xv) Contains hyper-links to other sites that contain content that falls within the prohibitions set forth above.
Removal of submissions and postings: Performance Golf reserves the right to remove any submission or posting which it deems unacceptable or a violation of its rules on prohibited submissions and postings and/or to prohibit any user from submitting or posting any content on this Site, in its sole and absolute discretion, without notice or explanation. Regardless of whether we remove any content posted by you or prohibit you from submitting or posting any content on this Site, you remain solely responsible for the content of all submissions and posts you make to this Site, for which you have agreed to indemnify us and any other parties subject to potential liability as a result of your actions as provided in Section 5: Indemnification above.
Risks of Disclosure of Confidential Information by User: You understand that when you submit or post information on this Site, once posted, that information will or may no longer be considered confidential or private and in some instances, may be used against you in a criminal prosecution or civil legal proceeding. Consequently, if you choose to disclose private, confidential or potentially damaging information about yourself or others you do so at your own risk and acknowledge and understand that you cannot hold Performance Golf or anyone who accesses that information through this Site accountable or liable to any degree for any effects such disclosure may have on you or others. YOU THEREFORE EXPRESSLY RELEASE AND HOLD HARMLESS, PERFORMANCE GOLF FROM AND FOR ANY LIABILITY ARISING FROM SUCH DISCLOSURE AS PROVIDED IN SECTIONS 4, 5 AND 6 ABOVE.
9. Security
Any passwords used for this site are for individual use only. You are solely responsible for the security of the password (if any) you choose for your account. We do not monitor or check your password and do not warrant the security of any password you select. We are not responsible for any loss or damage you may suffer as a result of a breach of the security password you select for your account.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms of Use. You understand, agree and acknowledge that we will fully cooperate with any law enforcement authority or court order requesting or directing us to disclose the identity of anyone making any submission or posting, sending e-mail messages, publishing or otherwise using this Site in violation of these Terms of Use or the law. By accepting the Terms of Use, YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ANY INVESTIGATIONS AND/OR FROM ANY ACTIONS RESULTING FROM SUCH INVESTIGATIONS BY US OR LAW ENFORCEMENT AUTHORITIES.