USE OF THIS AMERICANGOLFRESUME.COM WEB SITE (AND ITS ENTIRE CONTENTS, INCLUDING BUT NOT LIMITED TO THE TEXT, DATA, INFORMATION, MATERIALS, SOFTWARE, AND GRAPHICS CONTAINED OR PROVIDED THEREIN) (COLLECTIVELY, "WEB SITE") AND THE SERVICES OFFERED BY AMERICANGOLFRESUME.COM ("AMERICANGOLFRESUME"), HEREUNDER IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT ("AGREEMENT"). BY USING THE WEB SITE IN ANY MANNER. YOU: (1) REPRESENT THAT YOU HAVE READ AND UNDERSTAND, AND HAVE THE CAPACITY AND AUTHORITY TO ENTER INTO, THIS AGREEMENT; AND (2) AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.
American Golf Resume may change the terms and conditions of this Agreement at any time. You will find notification of any such changes in the Membership area of the Web Site. You will be responsible for regularly checking this area and for reviewing any such changes. In addition, the current Agreement can always be found in the Membership area of the Web Site. By using the Web Site after any such changes take place, you signify your acceptance of the change(s) and your agreement to be bound by them.
Use of this Web Site
Subject to the terms of this Agreement, American Golf Resume grants you a revocable, non-transferable, non-exclusive limited license to use the Web Site but only for your own personal, noncommercial use and not for any use on behalf of any third party. For absence of doubt, you may not use the Web Site to service, or otherwise perform work on behalf of, any brokerage, financial services or related client(s). Use of the Web Site is intended only for citizens or residents of the United States and it's territories, Canada or Mexico.
You may download or print hard copies of this Web Site, or portions thereof, but again, only in connection with your own personal, noncommercial use and not on behalf of any third party. Any such downloads/hard copies must contain the following notice:
"Copyright (c) 2007 American Golf Resume. All rights reserved."
Except as expressly set forth in this Agreement, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate this Web site or any portion thereof without prior written consent of American Golf Resume.
American Golf Resume has the right, at any time without notice, to: (i) revoke or limit your license to use the Web Site and to restrict or prevent your access to it (or any portion of it); or (ii) change or discontinue providing the Web Site (or any portion thereof). American Golf Resume has no obligation to update the Web Site or to correct any errors or omissions that might be contained in it.
Ownership and Copyright
You acknowledge and agree that this Web Site and the information contained in it are owned by American Golf Resume and/or its third party content providers ("Content Providers") are protected by U.S. and international copyright and other intellectual property laws. You further acknowledge and agree that the Web Site contains confidential and proprietary data and information of American Golf Resume and its Content Providers, that you will not use these data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to keep such data and information confidential. Each Content Provider is a third party beneficiary under this Agreement to the extent required to enable it to enforce its proprietary rights in the data and the applicable use restrictions in this Agreement.
Trademarks
AMERICAN GOLF RESUME, AMERICAN GOLF RESUME.COM, and the AMERICAN GOLF RESUME & DESIGN logo are registered marks of American Golf Resume. SPORT STATISTIC ANALYSIS, and the SPORT STATISTIC ANALYSIS & DESIGN logo are registered marks of Sport Statistic Analysis. You will not use or allow any third party to use any of American Golf Resume or Sport Statistic Analysis' marks, including but not limited to the foregoing, without American Golf Resume or Sport Statistic Analysis' prior express written consent. All marks not owned by American Golf Resume or Sport Statistic Analysis are the property of their respective owners.
American Golf Resume may require you to become a registered user, pay certain fees, and/or comply with certain other terms and conditions before you are allowed to access or use certain portions of the Web Site. In all such cases, this Agreement shall continue to govern your use of the Web Site.
Disclaimer of Warranties
THIS WEB SITE IS PROVIDED "AS IS" WITH ALL FAULTS. AMERICAN GOLF RESUME AND ITS CONTENT PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THIS WEB SITE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.
NEITHER AMERICAN GOLF RESUME NOR ITS CONTENT PROVIDERS WARRANT THE ACCURACY, CORRECTNESS, COMPLETENESS, OR TIMELINESS OF THIS WEB SITE. NEITHER AMERICAN GOLF RESUME NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THIS WEB SITE OR THE INFORMATION CONTAINED THEREIN.
Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply.
Limitation of Liability
NEITHER AMERICAN GOLF RESUME NOR ITS CONTENT PROVIDERS NOR ANY PERSON THROUGH WHOM AMERICAN GOLF RESUME MAKES THE WEBSITE AVAILABLE SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEB SITE, OR THE USE OF, OR RELIANCE ON, THE WEB SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A WILLFUL BREACH BY AMERICAN GOLF RESUME OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS AGREEMENT.
AMERICAN GOLF RESUME AND ITS CONTENT PROVIDERS' AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEB SITE, OR THE USE OF, OR RELIANCE ON, THIS WEB SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE PROVED UP TO AN AMOUNT NOT TO EXCEED $100.00.
NEITHER AMERICAN GOLF RESUME NOR ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EVEN IF AMERICAN GOLF RESUME OR ITS CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply.
Indemnification
You agree to indemnify, defend, and hold harmless American Golf Resume, its affiliates and its Content Providers from and against any and all claims, liabilities, losses, costs (including, but not limited to, reasonable attorneys' fees), and/or damages of any kind arising from or relating to: (i) your use of the Web Site; (ii) your breach of this Agreement; or (iii) any messages, information, or materials uploaded, posted, published, or transmitted by you in connection with the Web Site or the Forums (as defined below).
User Password
When you register as a subscriber, you select a password, which you may not modify. You may not select, and American Golf Resume may modify or delete, any password that American Golf Resume determines, in its sole discretion, violates any third party's rights or is offensive, improper, or inappropriate.
Your password is for your personal use only, and you agree to keep it secret and not to share it with anyone (except as expressly allowed under this Membership Agreement).
YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR PASSWORD, REGARDLESS OF WHETHER YOU AUTHORIZED SUCH USE. YOU MUST PROMPTLY NOTIFY AMERICAN GOLF RESUME (USING THE 'CONTACT US' PAGE OF THIS WEB SITE) OF ANY UNAUTHORIZED USE OF YOUR PASSWORD.
Third-Party Web Sites, Links, and Information
This Web Site may contain information, products, and services provided by third parties and links (including advertisements) to Web sites made available by third parties. This information and these products, services, and links are provided only as a convenience to users of this Web Site. American Golf Resume does not control this information or these products, services, or Web sites, and American Golf Resume does not make any representations or warranties, express or implied, regarding this information or these products, services, or Web sites. Inclusion of any of the foregoing in this Web Site does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with American Golf Resume with respect to any third party, any third party's Web site or its content, or any information, products, or services provided by a third party.
Privacy and Information Made Available by You
American Golf Resume shall have the right to use and disclose any information provided by you through this Web Site (including but not limited to information provided through e-mail) or made available through your use of this Web Site, for any lawful purpose, unless indicated otherwise in the Membership area of the Web Site. In no event shall you be entitled to any compensation for the use of any of this information.
Use of Bulletin Boards, Chat Rooms, and Other Forums
American Golf Resume does not make any representations or warranties with respect to any bulletin boards, chat rooms, or other electronic forums made available on or via this Web Site (collectively, "Forums") or with respect to any messages, information, or materials contained in such Forums. You acknowledge and agree that your use of, or reliance upon, any such messages, information, or materials is at your sole risk and expense.
American Golf Resume does not, and cannot, review all of the information and materials provided in the Forums and shall not be responsible for the contents of any such messages, information, or materials. However, American Golf Resume reserves the right to delete, move, or edit any such messages, information, or materials that it determines, in its sole discretion, violate this Agreement or its Forum policies or are otherwise unlawful, inappropriate, or unacceptable.
To the extent that you use the Forums, you represent, warrant, and covenant that you will: (i) comply with the Forum policies promulgated by American Golf Resume; (ii) be solely responsible for your use of the Forums and any messages, information, and materials provided by you; (iii) not advertise or offer to sell goods or services of any kind on any Forum; and (iv) not upload, post, publish, or transmit any messages, information, or materials that (a) restrict or inhibit any other user from using and enjoying the Web Site, (b) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (c) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law, (d) violate or infringe the rights of American Golf Resume or any third party (including but not limited to copyrights, trademarks, patents, trade secrets, and rights of privacy and publicity), (e) constitute or contain false or misleading indications of origin or statements of fact, (f) contain software or any other commercial materials or information, or (g) contain any viruses or other harmful component.
By uploading, posting, publishing, or transmitting any messages, information, or materials in connection with the Forums, you hereby grant to American Golf Resume and its affiliates a royalty-free, worldwide, perpetual, transferable, irrevocable, nonexclusive license (with the right to sublicense) to use, copy, modify, display, publicly perform, distribute, reproduce, and create derivative works of the foregoing in any form, media, software, or technology of any kind now existing or developed in the future.
Governing Law and Jurisdiction
This Agreement is governed by and construed in accordance with the laws of the United States and the State of Texas, without giving effect to any choice-of-law or conflict-of-law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the United States or the State of Illinois. You hereby consent to, and agree to bring any and all claims in, the exclusive jurisdiction of the state and federal courts located in Cook County, Texas, U.S.A., for any action or proceeding arising under or relating to this Agreement, the Web Site, or the use of, or reliance on this Web Site, whether based in contract or tort.
Entire Agreement
This Agreement shall constitute the entire agreement between you and American Golf Resume regarding the subject matter hereof and shall supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.
Severability
To the maximum extent possible, each provision in this Agreement shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of this Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this Agreement.
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