TERMS OF SERVICE
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE FOR THIS WEB SITE ("TOS")
BEFORE USING THIS SITE.
By continuing to access, link to, or use this site, or any service on this site,
you signify YOUR ACCEPTANCE OF THE TOS.
ChartMyGolf reserves the right to amend, remove, or add to the TOS at any time.
Such modifications shall be effective immediately.
Accordingly, please continue to review the TOS whenever accessing, linking to, or using this site.
Your access, link to, or use of the site, or any service on this site,
after the posting of modifications to the TOS will constitute YOUR ACCEPTANCE OF THE TOS, as modified.
If, at any time, you do not wish to accept the TOS, you may not access, link to, or use the site.
Any terms and conditions proposed by you which are in addition to or which conflict with the TOS
are expressly rejected by ChartMyGolf and shall be of no force or effect.
A. General Terms
1. User Consent to the TOS.
You represent that you have read and agree to be bound by the TOS.
2. Intellectual Property.
This Web site, including but not limited to text, content, photographs, video, audio and graphics,
and goods (the "Service"), is protected by copyrights, trademarks, service marks,
international treaties, and/or other proprietary rights and laws of the U.K. and other countries.
The Service is also protected as a collective work or compilation under U.K. copyright and other
laws and treaties. All individual articles, columns and other elements making up the Service are
also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as
any additional copyright notices or restrictions contained in the Service.
You acknowledge that the Service has been developed, compiled, prepared, revised, selected,
and arranged by ChartMyGolf
and others (including certain other information sources) through the application of
methods and standards of judgment developed and applied through the expenditure of
substantial time, effort, and money and constitutes valuable intellectual property of
ChartMyGolf and such others. You agree to protect the proprietary rights of ChartMyGolf
and all others having rights in the Service during and after the term of this agreement
and to comply with all reasonable written requests made by ChartMyGolf or its suppliers and
licensors of content, equipment, or otherwise ("Suppliers") to protect their and others'
contractual, statutory, and common law rights in the Service.
You agree to notify ChartMyGolf in writing promptly upon becoming aware of any unauthorized
access or use of the Service by any individual or entity or of any claim that the Service
infringes upon any copyright, trademark, or other contractual, statutory, or common law rights.
All present and future rights in and to trade secrets, patents, copyrights, trademarks,
service marks, know-how, and other proprietary rights of any type under the laws of any
governmental authority, domestic or foreign, including rights in and to all applications and
registrations relating to the Service (the "Intellectual Property Rights") shall,
as between you and ChartMyGolf, at all times be and remain the sole and exclusive property of
ChartMyGolf. All present and future rights in and title to the Service
(including the right to exploit the Service and any portions of the Service over any present or
future technology) are reserved to ChartMyGolf for its exclusive use. Except as specifically
permitted by the TOS, you may not copy or make any use of the Service or any portion thereof.
Except as specifically permitted herein, you shall not use the Intellectual Property Rights or
the Service, or the names of any individual participant in, or contributor to, the Service,
or any variations or derivatives thereof, for any purpose, without ChartMyGolf’s prior written approval.
3. Restrictions on Use.
YOU MAY NOT USE THE SERVICE FOR ANY ILLEGAL PURPOSE OR IN ANY MANNER INCONSISTENT WITH THE TOS.
YOU AGREE TO USE THE SERVICE SOLELY FOR YOUR OWN NONCOMMERCIAL USE AND BENEFIT,
AND NOT FOR RESALE OR OTHER TRANSFER OR DISPOSITION TO, OR USE BY OR FOR THE BENEFIT OF,
ANY OTHER PERSON OR ENTITY.
YOU AGREE NOT TO USE, TRANSFER, DISTRIBUTE, OR DISPOSE OF ANY INFORMATION CONTAINED IN THE
SERVICE IN ANY MANNER THAT COULD COMPETE WITH THE BUSINESS OF CHARTMYGOLF OR ANY OF ITS SUPPLIERS.
YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE,
PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT,
OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE
SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE,
PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES.
YOU MAY NOT RECIRCULATE, REDISTRIBUTE OR PUBLISH THE ANALYSIS AND PRESENTATION INCLUDED IN THE
SERVICE WITHOUT CHARTMYGOLF’S PRIOR WRITTEN CONSENT.
MODIFICATION OF THE SERVICE'S CONTENT WOULD BE A VIOLATION OF THE COPYRIGHTS AND OTHER PROPRIETARY
RIGHTS OF CHARTMYGOLF OR ITS SUBSIDIARIES.
ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER
MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST,
A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF CHARTMYGOLF.
THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND.
NOR MAY THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY
THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE.
YOU MAY NOT USE THE SERVICE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU
TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF THE TRADEMARKS, TRADE NAMES, SERVICE MARKS,
COPYRIGHTS, OR LOGOS OF CHARTMYGOLF OR ITS SUBSIDIARIES IN ANY MANNER WHICH CREATES THE IMPRESSION
THAT SUCH ITEMS BELONG TO OR ARE ASSOCIATED WITH YOU OR, EXCEPT AS OTHERWISE PROVIDED HEREIN,
ARE USED WITH CHARTMYGOLF’S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO
ANY OF SUCH ITEMS. YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED
MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS,
OR LOGOS OF CHARTMYGOLF OR ITS SUBSIDIARIES IN UNSOLICITED MAILINGS OR SPAM MATERIAL.
YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE.
YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE SET FORTH ON THE SERVICE.
4. License.
(i) You acquire absolutely no rights or licenses in or to the Service and materials contained within
the Service other than the limited right to utilize the Service in accordance with the TOS.
Should you choose to download content from the Service, you must do so in accordance with the TOS.
Such download is licensed to you by ChartMyGolf ONLY for your own personal, noncommercial use in
accordance with the TOS and does not transfer any other rights to you.
(ii) If you submit material to this site or to ChartMyGolf or its representative, unless ChartMyGolf
indicates otherwise, you grant ChartMyGolf a nonexclusive, royalty-free, perpetual, irrevocable,
and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, copy, and display such content throughout the world in any form,
media, or technology now known or hereafter developed. You also permit any other user to access,
store, or reproduce such material for that user's personal use.
You grant ChartMyGolf the right to use the name that you submit in connection with such content.
You represent and warrant that you own or otherwise control all of the rights to the material that
you submit; that the material you submit is truthful and accurate; that use of the material you
supply does not violate this TOS and will not cause injury to any person or entity;
and that you will indemnify ChartMyGolf and its Suppliers, agents, directors, officers, employees,
representatives, successors, and assigns for all claims resulting from material you supply.
ChartMyGolf and its Suppliers, agents, directors, officers, employees, representatives, successors,
and assigns disclaim any responsibility and assume no liability for any material submitted by you or
any third party.
5. Fees and Payments.
ChartMyGolf reserves the right at any time to charge fees for access to portions of the Service
or the Service as a whole. If at any time ChartMyGolf requires a fee for portions of the Service
or the Service as a whole, ChartMyGolf will require you to register and create an account.
You shall pay all fees and charges incurred through your account at the rates in effect for the
billing period in which such fees and charges are incurred, including but not limited to charges
for any products or services offered for sale through the Service by ChartMyGolf or by any other
vendor or service provider. All fees and charges shall be billed to you, and you shall be solely
responsible for their payment. You shall pay all applicable taxes relating to the use of the
Service through your account, and the purchase of any other products or services.
Certain portions of the Service or the Service as a whole may require a prepaid fee ("Prepaid Fee"),
which may be modified from time to time in ChartMyGolf’s sole discretion.
The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance.
In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee
is required unless ChartMyGolf receives all fees and charges payable by you, including the Prepaid Fee.
6. Registration and Account Creation.
As part of the registration and account creation process necessary to obtain access to certain
portions of the Service, including those portions that require a fee or payment for access,
you will select a username and a password.
You will provide ChartMyGolf with certain registration information, all of which must be accurate,
truthful, and updated.
You shall not: (i) select a username already used by another person;
(ii) use a username in which another person has rights without such person's authorization;
or (iii) use a username or password that ChartMyGolf, in its sole discretion,
deems offensive or inappropriate.
ChartMyGolf reserves the right to deny creation of your account based on ChartMyGolf’s
inability to verify the authenticity of your registration information.
You shall be solely responsible for maintaining the confidentiality of your password.
You shall immediately notify ChartMyGolf by submitting
FEEDBACK
of any known or suspected
unauthorized use(s) of your account, or any known or suspected breach of security,
including loss, theft, or unauthorized disclosure of your password or credit card information.
You are fully responsible for all usage and activity on your account, including, but not limited to,
use of the account by any third party authorized by you to use your username and password.
The use of your account by any individual under age eighteen (18) is strictly prohibited.
If the computer system on which you accessed the Service is sold or transferred to another party,
you warrant and represent that you will delete all cookies and software files obtained by or
through use of the Service. ChartMyGolf reserves the right to terminate your account,
in its sole discretion, at any time without notice.
You may terminate your account at any time by submitting the
CONTACT US
form.
Upon termination, you will receive an automated confirmation via e-mail that the request was received,
and your account will be terminated within five (28) business days.
You are responsible for all charges incurred up to the time the account is terminated.
Notwithstanding anything else herein, ChartMyGolf reserves the right to pursue any and all claims
against any user of your account.
You agree to maintain only one account with the Service at any time and certify that you currently
have no other account(s) with the Service.
7. Disclaimer and Limitation of Liability.
(i) YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE
AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS,
OR ADVERTISEMENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND THAT CHARTMYGOLF MAKES NO WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY,
NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
(ii) ChartMyGolf does not warrant that the Service is compatible with your equipment or that the
Service, or e-mail sent by ChartMyGolf or its representative, is free of errors or viruses,
worms or "Trojan horses," or any other harmful, invasive, or corrupted files, and is not liable
for any damage you may suffer as a result of such destructive features.
You agree that ChartMyGolf and its Suppliers, agents, directors, officers, employees, representatives,
successors, and assigns shall have no responsibility or liability for: (i) any injury or damages,
whether caused by the negligence of ChartMyGolf, its parent, or their respective affiliates,
Suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries,
successors, and assigns, or otherwise arising in connection with the Service and shall not be
liable for any lost profits, losses, punitive, incidental or consequential damages,
or any claim against ChartMyGolf by any other party; or (ii) any fault, inaccuracy, omission, delay,
or any other failure in the Service caused by your computer equipment or arising from your use of
the Service on such equipment. The content of other Web sites, services, goods, or advertisements
that may be linked to the Service is not maintained or controlled by ChartMyGolf. ChartMyGolf is
therefore not responsible for the availability, content, or accuracy of other Web sites, services,
or goods that may be linked to, or advertised on, the Service.
ChartMyGolf does not: (a) make any warranty, express or implied, with respect to the use of the links
provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of
any other Web sites, services, goods, or advertisements that may be linked to the Service;
or (c) make any endorsement, express or implied, of any other Web sites, services, goods,
or advertisements that may be linked to the Service.
ChartMyGolf is also not responsible for the reliability or continued availability of the telephone
lines, wireless services, communications media, and equipment you use to access the Service.
You understand that ChartMyGolf and/or third-party contributors to the Service may choose at any time
to inhibit or prohibit their content from being accessed under the TOS.
(iii) You acknowledge that: (i) the Service is provided for information purposes only and is not
intended for trading purposes; (ii) the Service may include certain information taken from stock
exchanges and other sources from around the world; (iii) ChartMyGolf does not guarantee the sequence,
accuracy, completeness, or timeliness of the Service; (iv) the provision of certain parts of the
Service is subject to the terms and conditions of other agreements to which Bloomberg is a party;
(v) none of the information contained on this site constitutes a solicitation, offer, opinion,
or recommendation by ChartMyGolf to buy or sell any security, or to provide legal, tax, accounting,
or investment advice or services regarding the profitability or suitability of any security or
investment; and (vi) the information provided on this site is not intended for use by,
or distribution to, any person or entity in any jurisdiction or country where such use or
distribution would be contrary to law or regulation. Accordingly, anything to the contrary
herein set forth notwithstanding, ChartMyGolf, its Suppliers, agents, directors, officers, employees,
representatives, successors, and assigns shall not, directly or indirectly, be liable, in any way,
to you or any other person for any:
(a) inaccuracies or errors in or omissions from the Service including, but not limited to,
quotes and financial data;
(b) delays, errors, or interruptions in the transmission or delivery of the Service;
or (c) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
(iv) UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL CHARTMYGOLF, ITS SUPPLIERS,
AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF
CHARTMYGOLF HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF
OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS,
SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL CHARTMYGOLF'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
8. Your Authority to Agree to this TOS.
You represent, warrant and covenant that: (i) you have the power and authority to enter into this
agreement; and (ii) you are at least eighteen (18) years old.
9. Indemnification.
You agree, at your own expense, to indemnify, defend and hold harmless ChartMyGolf, its Suppliers,
agents, directors, officers, employees, representatives, successors, and assigns from and against
any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’
and experts’ fees, arising out of or in connection with the Service, or any links on the Service,
including, but not limited to: (i) your use or someone using your computer's use of the Service;
(ii) use by someone using your account; (iii) a violation of the TOS by you or anyone using your
computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone
using your computer (or account, where applicable) infringes any intellectual property right of
any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise
results in injury or damage to any third party; (v) any deletions, additions, insertions or
alterations to, or any unauthorized use of, the Service by you or someone using your computer
(or account, where applicable); (vi) any misrepresentation or breach of representation or
warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be
performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including,
but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by
or in connection with or arising from any such claim, suit, action, or proceeding attributable to
any such claim. ChartMyGolf reserves the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in which event you will fully
cooperate with ChartMyGolf in asserting any available defense. You acknowledge and agree to pay
ChartMyGolf's reasonable attorneys’ fees incurred in connection with any and all lawsuits brought
against you by ChartMyGolf under the TOS and any other terms and conditions of service on this site,
including without limitation, lawsuits arising from your failure to indemnify ChartMyGolf pursuant to
the TOS.
10. Termination.
(a) You may terminate the TOS, with or without cause and at any time, by discontinuing your use of the
Service and destroying all materials obtained from the Service. (b) You agree that, without notice,
ChartMyGolf may terminate the TOS, or suspend your access to the Service, with or without cause at
any time and effective immediately. The TOS will terminate immediately without notice from
ChartMyGolf if you, in ChartMyGolf’s sole discretion, fail to comply with any provision of the TOS.
(c) ChartMyGolf shall not be liable to you or any third party for the termination or suspension of the
Service, or any claims related to the termination or suspension of the Service. Upon termination of
the TOS by you or ChartMyGolf, you must discontinue your use of the Service and destroy promptly
all materials obtained from the Service and any copies thereof.
11. Governing Law.
The TOS shall be governed and construed in accordance with the laws of the United Kingdom,
without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal
jurisdiction of the courts located in the county of Wiltshire with respect to any legal proceedings
that may arise in connection with the Service or from a dispute as to the interpretation or breach
of the TOS.
12. Miscellaneous.
You accept that ChartMyGolf has the right to change the content or technical specifications of any
aspect of the Service at any time in ChartMyGolf’s sole discretion. You further accept that such
changes may result in your being unable to access the Service. The failure of ChartMyGolf to
exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right
or provision. Sections 2 through 9, 10(c), and 11 through 15 shall survive any termination of the TOS.
13. Headings.
The section titles in the TOS are used solely for the convenience of you and ChartMyGolf and have
no legal or contractual significance.
14. Severability.
If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the
maximum extent permissible, and the other provisions of the TOS will remain in force.
15. Entire Agreement.
The TOS and any other terms and conditions of service on this site, and its successor, constitute the
entire agreement between you and ChartMyGolf and govern your use of the Service.
B. LINKING AND FRAMING TERMS AND CONDITIONS
YOU MAY NOT LINK TO OR FRAME THIS WEB SITE, OR ANY PORTION THEREOF, EXCEPT AS PROVIDED HEREIN.
1. Intellectual Property.
Upon linking to this Web site pursuant to the TOS, you will be granted a non-exclusive,
non-transferable, royalty-free sub-license to use the ChartMyGolf mark owned by ChartMyGolf
solely for providing an underlined, textual link from your Web site to ChartMyGolf.com.
No other use of ChartMyGolf's marks, names or logos is permitted without express written
permission from ChartMyGolf.
2. Restrictions on Linking to this Web Site.
Without limiting other provisions contained in our TOS, you may include a link(s) on your Web site to
ChartMyGolf.com's publicly accessible Web pages (i.e., any Web page which does not require a login
and password and/or restrict access). You may not link to ChartMyGolf.com any site containing an
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information that violates any applicable intellectual property, proprietary, privacy or publicity
rights.
3. Restrictions on Framing Activities.
ChartMyGolf is concerned about the integrity of this Web site when it is accessed in a manner solely
determined by third parties or viewed in a setting solely created by third parties.
Specifically, ChartMyGolf is concerned with activities such as bringing up or presenting content
of this Web site within another Web site ("framing"). In this regard, without limiting the
provisions contained in our TOS, you may not frame any Web page from ChartMyGolf.com,
except with our express written permission. Further, you may not archive, cache, or mirror any
ChartMyGolf.com Web page or portions of a Web page. If you would like to use, reprint, frame,
or redistribute any ChartMyGolf.com content other than as permitted herein, you must request
permission from ChartMyGolf by writing to
CONTACT US.
Please include: (a) your name, e-mail address, and telephone number;
(b) the name of your company;
(c) the Web site address(es) where the proposed use will occur;
and (d) specific details about the contemplated linking or framing activities,
including the content or Web page(s) of this Web site which you would like to use.
C. INQUIRIES REGARDING THIS SITE'S CONTENT
Click here
for inquiries regarding this site's content.
D. INTELLECTUAL PROPERTY ISSUES
1. General Inquiries:
Please send general inquiries regarding intellectual property issues to CONTACT US.
2. Copyright Infringement Claims:
If you have a copyright infringement claim please use the
CONTACT US form.