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
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.
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
For more information, please view our privacy
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
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.
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.
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
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.
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.
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.
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.
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.