MyScorecard Membership Agreement
As with any online service, we must establish some basic rules to ensure the enjoyment of all members of the MyScorecard community. These rules are outlined in the Membership agreement below. Please take some time to read the agreement.
This MYSCORECARD Service (the "Service"), owned and operated by MyScorecard ("MyScorecard"), is provided to you under the terms and conditions of this the MyScorecard Membership Agreement. The MyScorecard Membership Agreement (MMA) comprises the entire agreement between you and MyScorecard, and supersedes all prior agreements between the parties regarding the subject matter contained therein.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "AGREE AND REGISTER" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE MMA FOR AS LONG AS YOU REMAIN A COMMUNITY MEMBER (SEE BELOW FOR DEFINITIONOF COMMUNITY MEMBER).
Therefore, we encourage you to carefully review and familiarize yourself with it. In addition, you should review the agreement from time to time for any important changes. A link to the current version of the MyScorecard Membership Agreement will always be available online on the "Help and FAQ" page of the MyScorecard Service.
1. Ownership and General
"MyScorecard" is an interactive online service located on the World Wide Web at the Internet address: https://www.myscorecard.com. The Service offers Community Members access to information and content owned or licensed by MyScorecard.
For purposes of this Agreement, "Community Member" means any person who establishes an authorized account for access to and use of the Service. The right to use the Service is personal to the Community Member and a Community Member's Account is not transferable. Unless authorized by MyScorecard, a Community Member must be an individual at least eighteen (18) years of age and may not be a firm, business entity or institution. Individuals under 18 years of age must have a parent or guardian establish an account and purchase a membership.
MyScorecard contains copyrighted material, and the entire contents of the Service are copyrighted as a collective work under the United States copyright laws. Except as expressly permitted by MyScorecard and/or third-party content providers, no portion of any copyrighted materials may be copied, reproduced, redistributed, retransmitted, published, resold, transferred, or otherwise commercially exploited, in any manner, by any Community Member.
2. Account Responsibility
Once the registration process is complete, you will be assigned a user name and password. You may change this password by accessing the "Account Admin" section of the Web site. You are entirely responsible if you do not maintain the confidentiality of your password and/or account information. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may set up a new account and close an old one at your convenience. If the Community Member believes that his or her Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Community Member's password), the Community Member must promptly change his or her password and notify MyScorecard as set forth below to avoid liability. Orders for purchases of merchandise or Services advertised on the Service from MyScorecard or Merchants are subject to availability and acceptance. MyScorecard is not responsible for delivery, warranties, guarantees or other matters concerning purchases from Merchants that are not owned or operated by MyScorecard. Unauthorized access to the Service is a breach of the MMA and a violation of law.
3. Community Member Conduct
The Community Member shall be responsible for, and assumes all liability associated with, any material made available though the Service under the Community Member's Account, including but not limited to liability for claims of infringement of intellectual property rights and defamation. The Community Member shall not post, transmit through, or otherwise make available on the Service (i) any material which violates or infringes in any way upon the rights of others, which is obscene, unlawful, abusive, vulgar, defamatory, profane, sexually explicit, racist, hateful, threatening or otherwise objectionable or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, (ii) without the express written consent of the owner thereof, any copyrighted material, or (iii) without the express prior written consent of MyScorecard, any advertising or any solicitation with respect to products or services.
The Community Member acknowledges that any Community Member Material posted, transmitted through or otherwise made available on the Service may be edited, removed, modified, published, transmitted and displayed by MyScorecard, and Community Member waives, and agrees never to assert, any moral rights Community Member may have in such Community Member Material.
4. Service Content
MyScorecard shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized MyScorecard spokesperson. Service advertisers, Community Members, guests, independent writers and experts are not authorized MyScorecard spokespersons. At no time should the opinions, views, advice or statements provided by Service advertisers, Content Providers, Community Members, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
5. Disclaimers and Limitation of Liability
THE SERVICES ARE PROVIDED 'AS IS', WITH NO WARRANTIES WHATSOEVER. THE COMMUNITY MEMBER AGREES THAT THE USE OF THE SERVICE IS AT THE COMMUNITY MEMBER'S SOLE RISK. NEITHER MYSCORECARD, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO MYSCORECARD OR ANY OF THE FOREGOING PERSONS OR ENTITIES MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICE OR THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MECHANTABILITY, FITNESS FOR A PARTICLUAR PURPOSE, AND NON-INFRINGEMENT ON PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
THE COMMUNITY MEMBER'S SOLE AND EXCLUSIVE REMEDY AND MYSCORECARD SOLE AND EXCLUSIVE OBLIGATION FOR ANY DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR OTHER CAUSE, SHALL BE TO TERMINATE THE COMMUNITY MEMBER'S ACCOUNT. IN NO EVENT WILL MYSCORECARD OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR ANY SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR ANY SOFTWARE OR OUT OF THE BREACH OF ANY WARRANTY OR ANY OTHER CAUSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL MEMBERS.
The Community Member agrees to defend, indemnify and hold harmless MyScorecard, its affiliates and their respective directors, officers, employees and agents from and against all claims liability, damages, and/or expenses, including without limitation, reasonable attorneys' fees and court costs, arising out of the Community Member's use of the Service or the Community Member's Account, violation of the MMA, or infringement by any user of your account. The terms of Service will inure to the benefits of MyScorecard's successors, assigns and licensees.
MyScorecard reserves the right, at any time, to (i) modify the terms of this MMA, (ii) modify the Service, including eliminating or discontinuing any content or feature of the Service, restricting the hours of availability or limiting the amount of use permitted by the Community Member. Community Members will be given notice of the modifications via email to the address you give us. Any use of the Service under a Community Member's Account after such notice shall be deemed to constitute acceptance by the Community Member of the modifications.
MyScorecard may send notices to Community Members, at MyScorecard's option, by posting a message on the Service or by electronic mail. Notices by Community Members to MyScorecard must be provided by electronic mail, sent to feedback@MyScorecard.com. Notices provided by a Community Member to MyScorecard will not change the terms of the MMA, unless a modification is expressly accepted in writing by an authorized officer of MyScorecard.
Either MyScorecard or the Community Member may terminate this Agreement and the Community Member's Account at any time, with or without cause. In the event that the Community Member is dissatisfied with the Service for any reason whatsoever, the Community Member's sole and exclusive remedy is to terminate the Community Member's Account by notice to MyScorecard pursuant to the MMA. MyScorecard may suspend or terminate Community Member's Account, without notice, in the event of any breach by the Member of this Agreement or for other conduct by the Community Member which MyScorecard, in its sole discretion, considers to be unacceptable. Suspension or termination of a Community Member's Account means that the Service will no longer be accessible to the Community Member. MyScorecard shall not be responsible for any consequences of such lack of access. The provisions of the MMA will survive the termination of the MMA or the Community Member's Account, whether by MyScorecard or the Community Member.
10. Use of Member Information
USGA, USGA Handicap, Slope, USGA Course Rating, Handicap Index are registered trademarks of the United States Golf Association.
This Agreement constitutes the complete and entire agreement between MyScorecard and the Community Member with respect to the Service, and supersede all prior agreements or understandings (whether oral or written) regarding the subject matter. This Agreement may be modified from time to time upon notice by MyScorecard, as described above.
This Agreement shall be construed in accordance with the laws of the State of Massachussets, without regard to its conflict of laws rules. If any provision of this Agreement is determined to be invalid, such provision shall be enforced to the maximum extent permissible, and all other provisions shall remain in full force and effect. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Notice to California Members
This notice is to advise you of that the MyScorecard Service is a service provided by MyScorecard LLC, 1112 Montana Ave Suite 131, Santa Monica, CA 90403. Our phone number is 1-432-363-4653. Fees, if any, for services offered by us are available at our web site https://www.myscorecard.com
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be reached by writing to 400 R Street, Sacramento, California 95814 or by telephone at (800) 952-5210.