Terms of Service for netGolfLeague.com

(netGolfLeague.com is a service provided by iNextGen, Inc., an Ohio corporation)

Acceptance of Terms

iNextGen ("ING", "we", "our") is firmly committed to your privacy as a User of netGolfLeague.com ("NGL", the "Service", the "Website"). The following privacy statement expresses our pledge to be forthright about how we gather and disseminate information about you at NGL.

Hyperlinks and Third Party Sites

The Service contains hyperlinks to sites owned and controlled by third parties. ING is not responsible for the content of third-party sites ("TPS"). The inclusion of any link to such sites does not imply endorsement by ING. Any TPS that links to the Service: (a) shall not create a browser or border environment around any of the content of the Service; (b) may link to, but not replicate, NGL content; (c) shall not imply that ING is endorsing or sponsoring it or its products and/or services; (c) shall not present false information about ING or its products or services; (e) shall not use Trademarks without the prior written permission from ING; and (f) shall not contain content that could be construed as distasteful, offensive or controversial. Notwithstanding anything to the contrary contained in this TOS, we reserve the right to deny permission to link to the Service from any website for any reason per our sole and absolute discretion.

Copyright and Trademark Notices

The Service is protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws. All content, materials and services provided by and contained on NGL are protected by copyright and are owned or controlled by ING or the party credited as the provider of the content. Copying or storing any part of the Service is expressly prohibited without prior written permission from ING or the copyright holder as identified on the Service. Systematic retrieval of data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from ING is prohibited. Permission to use materials from the Service (the "Materials") is granted provided that: (a) Use of such Materials is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media; (b) You keep intact all copyright and other proprietary notices; and (c) No modifications of the Materials are made. Elements of the Service including, but not limited to, the "look and feel," are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Service may be copied or retransmitted unless expressly permitted by ING.

Representations and Warrenties

You represent, warrant and covenant that You will not upload, post, transmit, distribute or otherwise publish through the Service any materials which: (a) Restrict or inhibit any other user from using and enjoying the Service; (b) Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (d) Violate, plagiarize or infringe the rights of any other right of any third party; (e) Contain a virus or other harmful or potentially harmful component; (f) Contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (g) Constitute or contain false or misleading indications of origin or statements of fact.

Registration, League Security, and Privacy Policy

As a user ("User") of our Service, you are made responsible for keeping your league password and sign-on secure.  Failure to do so will breach this agreement.  You should notify us by email at support@netGolfLeague.com if you suspect a breach of security or unauthorized disclosure of your password.  You will never be required to reveal your password to any representative or agent of the Service or its owners, iNextGen, Inc. You must be 18 years old or older or, if acting for a minor, grant permission as parent or guardian for that minor to become a User of our Service.  Logging in as a User of the Service is confirmation that the person logging in is an adult or has received permission from a parent or guardian to become a User of the Service. You are responsible for all usage or activity for your golf league on the Service via your password.  Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your membership, at our sole discretion, and you may be referred to appropriate law enforcement agencies.

Registration data and certain other information about you are subject to our privacy policy. For more information, please view our privacy policy.

Copyrights and Copyright Agents

ING has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ING's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ING's copyright agent for notice of claims of copyright infringement on or regarding the Service can be reached at services@netGolfLeague.com

Refund Policy

Please be advised that iNextGen offers a 21 day free trial as a way for prospective members to try out our netGolfLeague service without obligation. iNextGen provides this in lieu of and, in our opinion, as a better option than a 30 day money back guarantee. As such, once the 21 day trial is completed and members pay to become regular netGolfLeague members, there are no refunds. The same, no refund policy also applies to any individual who decides not to take advantage of our free 21 day trial and makes an immediate payment to join netGolfLeague as a regular member.

User Content

You, as a User of the Service, are solely responsible for content that you post or submit to the Service ("your Content"). This means that you, and not ING, are entirely responsible for all of your Content that you upload, post, email, transmit or otherwise make available via the Service. If you post personal information on publicly available areas of the Service then you may receive unsolicited messages from third parties. ING cannot ensure the security of any information you post on publicly available areas of the Service. Under no circumstances will we be liable in any way for any of your Content including, but not limited to, any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any of your Content made available via the Service.

ING does not claim ownership of your Content. However, you hereby grant us a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your Content and to incorporate your Content in other works in any form, media, or technology now known or later developed. You acknowledge that we do not pre-screen your Content, but that we have the right, but not the obligation, in our sole discretion to modify, transmit over various networks, refuse or move any of your Content that is available on the Service. You agree that you must evaluate, and bear all risks associated with, the use of any of your Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of your Content. You acknowledge and agree that ING may archive your Content and may also disclose your Content at any time and for any reason. Since we do not pre-screen user generated content, you may be exposed to content that is offensive, indecent, or objectionable.

Although iNextGen does not actively review user Content and takes no responsibility regarding any part of this Content, iNextGen does reserve the right upon notification of the existence of material that ING considers lewd, vulgar, pornographic or copyrighted to remove such Content from the netGolfLeague website immediately.

iNextGen reserves the right to delete any and all user Content - including photos, league documents, league data, etc… - at any time 90 days and after a user's membership to netGolfLeague expires.

Scorecards

iNextGen expressly disclaims all warranties, expressed or implied, as to the accuracy and/or completeness of scorecard information provided, or as to the fitness of the information for any purpose. While iNextGen makes a reasonable effort to ensure that scorecard information provided to us from members is accurate and complete, iNextGen takes no responsibility for inaccurate or incomplete scorecard information. It is the responsibility of netGolfLeague members to notify iNextGen of inaccurate or incomplete information and to provide iNextGen with the correct information.

User Advertising

You, as a User of the Service, are not permitted to place advertising or sponsorships on your league's pages without written permission of ING.

Disclaimer of Warranties

THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE IN TERMS OF ITS ACCURACY, RELIABILITY, OR OTHERWISE. THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THOSE CONCERNING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT. IT DOES NOT WARRANT THAT THIS 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. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL ING BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE, EVEN IF FORESEEABLE OR ING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. ING WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ING's LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnity

You agree to defend, indemnify and hold harmless ING with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this Agreement, including, without limitation, your use of the Service. Notwithstanding the foregoing, ING retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against ING herein under the terms and provisions of this Section and in no event shall you settle any such claim without ING's prior written approval.

International Use

ING makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Service from other locations do so on their own initiative and are responsible for compliance with local laws.

Golf Association of Ontario Leagues (GAO)

Golfers in GAO Leagues may receive email from GAO and can opt out at any time.

Jurisdiction

iNextGen, Inc. controls and operates the NGL website from its headquarters in Wadsworth, OH, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for compliance with applicable local laws.

Governing Law and Venue

This TOS will be governed and be interpreted under the laws of the State of Ohio, United States of America, notwithstanding its conflicts of law principles. All disputes or claims arising out of use of this site will be resolved in the Federal District Court for the District of Ohio or in Summit County District Court, Akron, Ohio.

Miscellaneous

This TOS contains the sole and entire agreement between the parties with respect to the use of the Service and supersedes any and all other prior written or oral agreements between them. Captions contained in this TOS are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this TOS or the intent of any provision of this TOS. It is the intent of the parties that neither this TOS, nor any covenant in this TOS, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this TOS. If any provision of this TOS shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this TOS.

Using the netGolfLeague® mark

Using the netGolfLeague® mark and other iNextGen, Inc. intellectual property such as logos, slogans, trade dress, and graphic symbols on packaging, products, or services requires express written permission from iNextGen, Inc. Use of confusingly similar or disparaging terms is a violation of our intellectual property rights.