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TERMS OF USE AGREEMENT This Terms of Use Agreement (“Agreement”) governs your use of the Tour Resource Center website located at https://tourresourcecenter.com (“Website”) and is a legal agreement between you (“Subscriber”) and The Golf Resource Group, LLC (“Provider”). BY PLACING A CHECK MARK IN THE “I AGREE TO THE TERMS AND CONDITIONS OF USE” CHECKBOX OR OTHERWISE USING PROVIDER’S WEBSITE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you agree, place a check mark in the “I agree to the Terms and Conditions of Use” checkbox on the [first page of the Website’s new account registration process]. If you place a check mark in the “I agree to the Terms and Conditions of Use” checkbox without actually reading this Agreement, you will nevertheless be legally bound. If you do not agree to be bound by the terms of this Agreement, do not place a check mark in the “I agree to the Terms and Conditions of Use” checkbox. If you do not place a check mark in the “I agree to the Terms and Conditions of Use” checkbox you will not be able to proceed with the Website’s registration process, will not become a subscriber of the Website, and will not be granted access to restricted content of the Website. ACCESS TO WEBSITE CONTENT Access to subscriber-only content of the Website is provided to users of the Website who register as Subscribers and who have an active subscription. Specifically, in consideration of Subscriber’s completed automated recurring payment to Provider according to the terms of the subscription plan elected by Subscriber during their new account registration process or a subscription plan subsequently elected by Subscriber from their existing Website account (“Subscription Plan”) Subscriber will be permitted access to that content of the Website restricted to subscribers. AUTOMATIC CREDIT/DEBIT CARD / PAYPAL PAYMENT METHOD AGREEMENT By accepting this Agreement, Subscriber authorizes an automatic recurring payment to Provider from the Subscriber’s credit, debit, bank card or PayPal account (the “Automatic Recurring Payment Method”). AUTOMATIC RECURRING PAYMENT FAILURE If a payment demand on Subscriber’s Automatic Recurring Payment Method is declined, Subscriber’s subscription will be suspended and access to the Website content will be denied. In the event of such a decline, Subscriber gives Provider the authority to make corrections to any information and resubmit the demand. Provider may permanently restrict Subscriber’s ability to use a certain payment method if that payment method fails multiple times. In the event that payment is not received and Subscriber does not pay the amount due in full, Subscriber’s subscription will be terminated and access to Website’s subscriber-only content will be denied. CANCELLATION OF AUTOMATIC RECURRING PAYMENT METHOD Subscriber understands that any Automatic Recurring Payment Method authorization shall remain in effect until withdrawn by Subscriber or cancelled by Provider. Refunds are not given for the balance of the current subscription period when subscriptions are cancelled. The Subscription Plan will remain in effect until Subscriber gives notice of cancellation to Provider and Provider has successfully relayed such notice to their payment provider. Please allow Provider up to 10 calendar days for processing cancellation notices. This authorization will stay in effect until your Subscription Plan is paid in full. Subscribers may perform the following steps to cancel their subscription: 1. Visit https://tourresourcecenter.com 2. Log-in using Subscriber’s Username and Password 3. Click on [“Subscription” from the signin or Login sidebar menu] 4. Click on the [“Cancel Subscription” button in the “Your Subscription” box] 5. Confirm that the cancellation request was successfully accepted and executed by Provider by reading the resulting message displayed at the top of the “Your Subscription” box. Once these steps are completed, Subscriber will be sent written confirmation via e-mail within 24 hours to their email address specified in Subscriber’s Website account. The cancellation process must be completed within 10 business days of Subscriber’s scheduled Subscription Plan billing date to ensure Subscriber is not charged for the next billing period. Subscriber will have access to Website’s subscription-only content for the remainder of the currently paid billing period. In the event that the cancellation request is not completed (and notification has not been received at webmaster@tourresourcecenter.com before Subscriber’s next recurring payment is processed, Subscriber’s account will be charged for the following billing period. If Subscriber fails to contact webmaster@tourresourcecenter.com regarding any problems Subscriber may experience, Provider cannot be held responsible for charges incurred. ACCESS TO AGREEMENT To access this Agreement in the future through the Website, go to [“https://tourresourcecenter.com/membershipterms“.] ELECTRONIC AUTHORIZATION This Agreement is not transferable and must be submitted electronically by the person who purchased the Website Subscription Plan, to activate their subscription. LIMITATIONS ON USE Only one individual may access Website at the same time using the same username or password, unless Provider agrees otherwise. The content available through the Website is property of the Provider, property of Provider’s licensors, or the property of Provider’s advertisers or affiliates and is protected by copyright and other intellectual property laws. Subscriber agrees not to use the Website for any unlawful purpose. Provider reserves the right to terminate or restrict Subscriber’s access to the Website if, in the opinion of the Provider, Subscriber’s use of the Website may violate any laws, infringe upon another person’s rights or violate the terms of this Agreement. Also, Provider may refuse to grant Subscriber a username that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar, unsuitable or otherwise offensive at Provider’s sole discretion. LIMITED LICENSE You may access and view the content on the Website on your computer or other device and, unless otherwise indicated in this Agreement or on the Website, make single copies or prints of the content on the Website for your personal, internal use only. Use of the Website and the services offered on or through the Website, are only for your personal, non-commercial use. PROHIBITED USE Any commercial or promotional distribution, publishing or exploitation of the Website, or any content, code, data or materials on the Website, is strictly prohibited unless you have received the express prior written permission from authorized personnel of Provider. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Website. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If you make other use of the Website, or the content, code, data or materials thereon or available through the Website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. TRADEMARKS The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Website or on content available through the Website are registered and unregistered Trademarks of Provider. All Trademarks not owned by Provider that appear on the Website, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Provider or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Website is strictly prohibited. USER INFORMATION In the course of your use of the Website and/or the services made available on or through the Website, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”). Provider’s information collection and use policies with respect to the privacy of such User Information are set forth in the Website’s Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information. PROHIBITED USER CONDUCT You warrant and agree that, while using the Website and the various services and features offered on or through the Website, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Website’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Website. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website in violation of Provider’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. PUBLIC FORUMS Provider may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Website. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Website or any service or feature made available on or through the Web Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Website; (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right; (v) contain a virus, spyware, or other harmful component; (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind; or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from Provider. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities. RIGHT TO MONITOR AND EDITORIAL CONTROL Provider reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Website by users, and Provider is not responsible for any such materials posted by users. However, Provider reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Provider’s sole discretion are objectionable or in violation of this Agreement, Provider’s policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability. PRIVATE OR SENSITIVE INFORMATION ON PUBLIC FORUMS It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Website and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums. THIRD PARTY WEB SITES You may be able to link from the Website to third party web sites and third party web sites may link to the Website (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. The inclusion of any link to such sites on our Website does not imply Provider’s endorsement, sponsorship, or recommendation of that site. Provider disclaims any liability for links (1) from another web site to this Website and (2) to another web site from this Website. Provider cannot guarantee the standards of any web site to which links are provided on this Website nor shall Provider be held responsible for the contents of such sites, or any subsequent links. Provider does not represent or warrant that the contents of any third party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, Provider is not responsible for or any form of transmission received from any linked web site. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. MODIFICATION Provider may discontinue or change the Website, or its availability to Subscriber, at any time within Provider’s sole discretion. Provider may also modify any of the terms and conditions contained in this Agreement, at any time and at Provider’s sole discretion, by either posting a change notice or a new agreement on the Website or by giving Subscriber notice by e-mail. Modifications may include, for example, changes in the scope of available service. IF ANY MODIFICATION IS UNACCEPTABLE TO SUBSCRIBER, SUBSCRIBER’S ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. Subscriber’s continued subscription to the Website following Provider’s posting of a change notice or new agreement on the Website or by giving Subscriber other notice will constitute binding acceptance of the change. DISCLAIMERS OF WARRANTIES PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES RELATED TO ANY USE OF THE WEBSITE OR THE CONTENT AND FURTHER THAT THE WEBSITE OR CONTENT WILL MEET ANY REQUIREMENTS OR NEEDS SUBSCRIBER MAY HAVE, OR THAT THE WEBSITE WILL OPERATE ERROR FREE OR THAT THE CONTENT WILL BE FREE OF ANY ERRORS, OMISSIONS, OR MISTAKES. IN ADDITION, SUBSCRIBER AGREES THAT PROVIDER PROVIDES ACCESS TO THE WEBSITE “AS IS” AND ON AN “AS AVAILABLE” BASIS AND MAKES NO WARRANTY WITH REGARD TO THE SERVICES OR THE SUITABILITY OF THE SERVICES FOR SUBSCRIBER’S NEEDS. PROVIDER SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PROVIDER MAKES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO SUBSCRIBER AND SUBSCRIBER MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. NO AGENT OR EMPLOYEE OF PROVIDER IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PROVIDER, IT’S SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, EMPLOYEES, AGENTS, LICENSEES OR LICENSORS, OR ITS SUPPLIERS OR RESELLERS (EITHER JOINTLY OR SEVERALY) BE LIABLE TO SUBSCRIBER OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES OR OTHER LOSS OF ANY CHARACTER, RELATING TO THE WEBSITE OR ITS CONTENT, THIS AGREEMENT OR ACTIVITIES RELATING THERETO EVEN IF PROVIDER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMIT OF THE AGGREGATE LIABILITY OF PROVIDER FOR DIRECT DAMAGES SHALL NOT EXCEED THE SUBSCRIPTOIN FEES SUBSCRIBER PAID FOR ACCESS TO THE WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE THEN PROVIDER’S LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. MISCELLANEOUS PROVISIONS This Agreement is the exclusive and entire agreement between Subscriber and Provider concerning Subscriber’s use of the Website and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations or other dealings between Subscriber and Provider regarding Subscriber’s use of the Website. Subscriber agrees that this Agreement, as well as any and all claims arising from this Agreement will be construed, interpreted and governed by the laws of the State of Florida, USA without regard to its conflict of law provisions. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Florida. Disputes arising out of or relating to this Terms and Use Agreement shall be the federal and state courts sitting in Duval County in the State of Florida, USA. If any part of this Agreement is found to be void, unenforceable or invalid, it shall not affect the other provisions of this Agreement. Provider’s failure to enforce Subscriber’s strict performance of any provision of this Agreement will not constitute a waiver of Provider’s right to subsequently enforce such provision or any other provision of this Agreement nor will it be deemed a waiver of future enforcement of that or any other provision. This Agreement is personal to Subscriber, which means that Subscriber may not assign their rights or obligations, by operation of law or otherwise, under this Agreement to anyone and no third party is a beneficiary of Subscriber’s rights under this Agreement. YOU (“SUBSCRIBER”) AGREE THAT BY PLACING A CHECK MARK IN THE CHECKBOX BESIDE THE LABEL “I agree to the Terms and Conditions of Use” ON THE FIRST PAGE OF THE WEBSITE’S REGISTRATION PROCESS OR BY YOUR OTHER USE OF THE WEBSITE, YOU ACKNOWLEDGE AND YOU AGREE THAT: 1) YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ALL ITS TERMS AND CONDITIONS; 2) BY ACCEPTING THE AGREEMENT, THE AGREEMENT WILL BE DEEMED ACCEPTED AND SIGNED BY YOU PERSONALLY; 3) IF YOU CHECK THE “I AGREE” CHECKBOX WITHOUT ACTUALLY READING THIS AGREEMENT, YOU DO NEVERTHELESS AGREE TO BE BOUND BY IT; AND 4) YOU WARRANT AND REPRESENT THAT YOU ARE AN ADULT AND ARE NOT SUBJECT TO ANY CONDITION WHICH MAY PREVENT YOU FROM ENTERING INTO A CONTRACT.
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