Golfer Registration

Boxgroove.com

End User Terms and Conditions

Last updated: May 19, 2009

Welcome to Boxgroove.com. These End User Terms and Conditions govern your use of Boxgroove.com (the “Site”) and the Boxgroove.com service (the “Service”). By clicking “accept” you agree to abide by these End User Terms and Conditions and any modifications that may be made to the End User Terms and Conditions (collectively, the “Terms”) from time to time; if at any time you do not agree to these Terms you should not use the Service, or visit or browse the Site.

These Terms constitute a binding legal agreement between you and Boxgroove.com, LLC (“Boxgroove.com,” “we,” “us,” and “our”). Please read them carefully before accepting.

1. Modifications to Terms
   
   Boxgroove.com reserves the right to change or modify any of the terms and conditions contained in these Terms, and any other Boxgroove.com terms, policies, or guidelines, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of such changes or modifications will constitute your acceptance of such changes or modifications. If Boxgroove.com updates these Terms, it will update the “last updated” date above. You should frequently review these Terms and other applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
   
2. Copyright and Limited License
   
   The Site and all information, data, and other content and materials available on the Site, including, without limitation, the Boxgroove.com logo and all designs, text, documents, graphics, software, videos, sound files, other files, and the selection and arrangement thereof (collectively, “Content”), are the proprietary property of Boxgroove.com and its suppliers and licensors and are protected by U.S. and international copyright laws.
   
   If you comply with all the terms and conditions of these Terms, Boxgroove.com, grants you a revocable, non-transferable, and non-exclusive license to access the Site and to electronically copy (except where prohibited without a license) and print to hard copy portions of the Content for your informational, personal, and non-commercial purposes only. This license is revocable at any time.
   
   Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you under these Terms. Unless stated explicitly in these Terms, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
   
3. Registration Data; Account Security
   
   You must register for and maintain an account to use the Service. You agree to (a) provide accurate, current and complete information about you as may be prompted by registration forms on the Site (“Registration Data”); (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Site; and (c) maintain and promptly update the Registration Data, and any other information you provide to Boxgroove.com, and to keep all such information accurate, current, and complete. You will notify us immediately of any unauthorized use of your account or any other breach of security.
   
4. Fees for Service and Payment Terms
   
   The current rate for the Service is US $49 per year. You acknowledge that fees for the Service shall be paid in advance on an annual basis, that the Service will may not be initiated until payment is received and processed by Boxgroove.com, and that the third party payment platform provider(s) we use to process payment hereunder may have their own terms and conditions. All fees are exclusive of applicable sales, excise, or use taxes. If Boxgroove.com does not receive payment from your credit card provider or the payment processor for any reason, you will pay all amounts due upon demand and Boxgroove.com may cancel your account. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. Boxgroove.com reserves the right to change the fees, charges, and payment terms for any such renewal period, provided that in the event of any change Boxgroove.com shall prompt you to accept any such amended terms in connection with the renewal process. Boxgroove.com will notify you by email 14 days before the expiration of your annual term. If have opted to use Boxgroove.com’s auto renewal feature and do not cancel the Service via the cancellation link in the email or in your account settings on the Site by the last day of the then current term, your membership will automatically renew on the credit card you have provided for your use of the Service. You may opt-out of automatic renewal at anytime by visiting your account settings.
   
5. User Obligations
   
   You understand that the Service does not guarantee tee time availability. There may be no tee times available in a certain area or at a certain time. You may use the Service to browse for tee times that may be made available by the member courses or you may request specific tee times from other users or from member clubs.
   
   By offering a tee time or making a tee time reservation through the Service, you:
   
   1. agree to comply with any club-specific identification requirements (e.g. proof of course affiliation, proof of alumni affiliation for university courses). If you do not comply, the course may refuse to honor your tee time, the entire greens fee for all rounds reserved and any pre-paid incidentals may be forfeited.
   2. agree to comply with any cancellation policies set forth by individual clubs. If you do not cancel your reservation in accordance with the course cancellation policy, the course may charge your credit card the entire greens fee for all rounds reserved, including any associated pre-paid incidentals.
   3. agree to follow all course rules while playing rounds booked through the Service.
   4. authorize Boxgroove.com to share your name, address, E-mail address and contact phone number with the golf course at which you make each tee time. Boxgroove.com will process all greens fees.
   5. assume all risk and danger incidental to the game of golf, including specifically (but not exclusively) the danger of being injured by errant golf balls and clubs, and agree that Boxgroove.com, the member courses, and their employees are not liable for injuries resulting from such causes.
   6. if hosted by a country club member, will work with the hosting golfer to coordinate payment of greens fees in accordance with the associated club’s code of conduct and/or bylaws.
   7. if acting as a host golfer, agree to host guest golfers and coordinate payment of greens fees in accordance with your specific club’s code of conduct and/or bylaws.
   
   During the term of this Agreement, you will not arrange for, or in any way collude, directly or indirectly, with any member club in the Boxgroove.com program, to play a member club’s golf course(s), other than through the Service; provided, however, that you may solicit information on and become a golf member of a member club.
   
6. Advertisements and Promotions
   
   The Site may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Boxgroove.com, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
   
7. Interactive Services
   
   The Site may include interactive features and services, including social networking functionality, chat rooms and forums, message boards, ratings or review functionality, and similar services, in which you or third parties may send messages to Site users, and create, post, or store profile data, pictures, ratings or reviews, and other Content on the Site (“Interactive Services”). You are solely responsible for your use of Interactive Services and use them at your own risk. By using any Interactive Services, you agree not to post, transmit, distribute, upload, or otherwise disseminate through the Site any of the following:
   
   • Materials that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
   • Material that violates, or that causes Boxgroove.com or its affiliates or subsidiaries to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction;
   • Material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available;
   • Private or confidential information of any third-party (whether a person or entity), including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, and any trade secrets or information for which you have any obligation of confidentiality or material that impersonates any person or entity, or misrepresents your affiliation with the Site or with any other person or entity;
   • Material that is or contains any advertising or solicitation, including, without limitation, links to commercial products or services or any political campaigning (except in portions of the Site that are expressly designated as portions in which such Material is allowed);
   • Viruses, corrupted data, or other harmful, disruptive, or destructive files; or
   • Material that, in the sole judgment of Boxgroove.com, is objectionable, restricts or inhibits any person or entity from using or enjoying any Interactive Services or other portions of the Site, or which may expose Boxgroove.com, the Site, or its users to harm or liability of any nature.
   
   Boxgroove.com takes no responsibility and assumes no liability for any material posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is Boxgroove.com liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the Site or in your dealings with other Site users.
   
   Although Boxgroove.com has no obligation to screen, edit, or monitor any material posted on or transmitted through the Site, Boxgroove.com reserves the right, and has absolute discretion, to remove, screen, and edit any material posted, stored, or transmitted on or through the Site at any time and for any reason without notice.
   
   If you post material on or through the Site, then, unless Boxgroove.com indicates otherwise, you (a) grant Boxgroove.com and its subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material on the Service or for other purposes related to the Service, including, but not limited to, golf-related marketing; (b) grant Boxgroove.com and its affiliates, subsidiaries, and sublicensees the right to use the name that you submit in connection with such material, if they choose; and (c) represent and warrant that you own and control all of the rights to the material that you post, or you otherwise have the right to post such material to the Site; and the use and posting of material you supply does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for Boxgroove.com, the Site, or for third parties.
   
8. Dealings with Site Users
   
   Your transactions, dealings, and correspondence with, or participation in promotions of, persons who place, respond to, or are named or referenced in, any Opinions, Content or other materials, and any terms, conditions, warranties, or representations associated with such transactions, dealings, and correspondence, are solely between you and such third party. Boxgroove.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, transactions, or correspondence. If you enter into any kind of transaction with a Site user or other third party, Boxgroove.com and its subsidiaries and affiliates are not responsible or liable for any action or inaction of you or any other party to such a transaction.
   
9. Submissions
   
   You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information, provided by you in the form of email or other submissions to Boxgroove.com (excluding material that you post on the Site in accordance with these Terms), are non-confidential and shall become the sole property of Boxgroove.com. Boxgroove.com will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
   
10. Repeat Infringer Policy
    
    In accordance with the Digital Millennium Copyright Act and other applicable law, Boxgroove.com maintains a policy of terminating, in appropriate circumstances and at Boxgroove.com's sole discretion, account holders who are deemed to be repeat infringers. Boxgroove.com may also at its sole discretion limit access to the Site to any users and/or terminate the accounts of any account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
    
11. Copyright Complaints
    
    If you believe that any Content on the Site infringes upon any copyright that you own or control, you may file a notice of infringement with Boxgroove.com’s designated agent as set forth below.
    
    Name of agent designated to receive notification of claimed infringement: McRedmond Morelli
    Full address of designated agent to whom notice should be sent:
    65 East Gay Street
    Suite 220
    Columbus, OH 43215
    
    Telephone number of designated agent: 1.888.918.1872
    
    Facsimile number of designated agent: 1.888.918.1872
    
    Email Address of designated agent: McRedmond.Morelli@Boxgroove.com
    
    Boxgroove.com may give notice of a claim of copyright infringement to users of the Site by means of a general notice on the Site, electronic mail to a user's email address in its records, or by written communication sent by first-class mail to a user's address in its records.
    
12. Trademarks
    
    Boxgroove.com, the Boxgroove.com logo, and any other product or service name or slogan contained on the Site and in any Content are trademarks of Boxgroove.com and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Boxgroove.com or the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site or in any Content are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by Boxgroove.com.
    
13. Third-Party Content
    
    The Site may contain links to Web pages and content of third parties ("Third-Party Content") as a service to those interested in this information. Boxgroove.com does not monitor, endorse, or adopt, or have any control over, any Third-Party Content. Boxgroove.com undertakes no responsibility to update or review any Third Party Content and can make no guarantee as to its accuracy or completeness.
    
    Additionally, if you follow a link or otherwise navigate away from the Site, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Web sites or Third-Party Content to which you navigate from the Site. You access and use Third-Party Content at your own risk.
    
14. Indemnification
    
    You will defend, indemnify and hold harmless Boxgroove.com, its subsidiaries and affiliates, and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Service, including any injury occurring on the golf course or in transit thereto, your violation of these Terms, or your violation of any rights of a third party.
    
15. Privacy Policy
    
    For information about Boxgroove.com’s privacy practices, please read Boxgroove.com’s privacy policy. The privacy policy explains how Boxgroove.com treats your personal information when you use the Service.
    
16. Disclaimer of Warranties
    
    YOUR USE OF THE SITE OR SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE SITE AND YOUR INTERACTIONS AND DEALINGS WITH ANY SITE USERS, IS AT YOUR SOLE RISK. THE SITE, SERVICE, AND ALL CONTENT AVAILABLE ON AND THROUGH THE SITE OR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BOXGROOVE.COM AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BOXGROOVE.COM DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE, THE SITE, OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THE SERVICE WILL CREATE ANY WARRANTY REGARDING BOXGROOVE.COM THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
    
17. Limitation of Liability
    
    NEITHER BOXGROOVE.COM NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BOXGROOVE.COM OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
    
    THE MAXIMUM TOTAL LIABILITY OF BOXGROOVE.COM AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $200. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
    
18. Restrictions on Access
    
    Notwithstanding any provision of these Terms, Boxgroove.com reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block, restrict, and prevent your future access to, and use of, the Site. Additionally, Boxgroove.com reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Site and the Service without notice in its sole discretion. Neither Boxgroove.com nor its suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Site or the Service.
    
19. Consent to Electronic Communications
    
    By using the Site, you consent to receiving electronic communications from Boxgroove.com. These communications may include notices about your Site account and information concerning or related to the Site. You agree that any notices, agreements, disclosures, or other communications that Boxgroove.com sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
    
20. General Legal Notices
    
    Boxgroove.com’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Site or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.
    
    These Terms are governed by the laws of the State of Washington, excluding conflict of laws principles. Any controversy or claim arising out of or relating to the Site or these Terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in King County, Washington, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Washington law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.
    
    These Terms constitute the entire agreement between you and Boxgroove.com concerning the Site and the Service. These Terms supersede all prior agreements or communications between you and Boxgroove.com regarding the subject matter of these Terms.
    
21. Questions & Contact Information
    
    If you have any questions or concerns about the Site, the Service, or these Terms, you may contact Boxgroove.com at customer.service@Boxgroove.com.