Golf Caddettes LLC is pleased to provide
its online services (“GolfCaddettes.com") which
facilitate the engagement of golf caddy services for its
Members. Use of the GolfCaddettes.com. website, in any
manner, is governed exclusively under each of the conditions
of use set forth in this Agreement and Consent, regardless
of the user’s status as a member or non-member.
User acknowledges that use of the website and services
hereunder are provided with the consent of GolfCaddettes.com
solely and that GolfCaddettes.com shall have sole authority
over this website and the services provided, including,
but not limited to, any and all content set forth in or
on this website.
Acknowledgement of Electronic Form of Conditions; Terms
of Agreement; Signature
User agrees that this Conditions of Use Agreement and
Consent, which includes the above recitals, is intended
to set forth, in electronic form, and does constitute,
the provisions under which User shall be legally bound
in connection with the use of GolfCaddettes.com’s
website and services. User agrees that any use by User
of this website or any of the services provided for herein
is deemed to be, and shall constitute, acceptance of and
consent by User of each and every condition and term set
forth herein. By incorporation by reference herein, this
Agreement shall include GolfCaddettes.com’s privacy
policy and any and all membership policies. User acknowledges
and agrees that GolfCaddettes.com shall have the unrestricted
right to amend or modify, at anytime, any of the conditions
and terms herein and notice thereof shall deemed to have
occurred upon posting of any such amendments or modifications
on this website, each of which User agrees shall be binding
upon User by use of the website or services thereafter.
Further, User agrees that GolfCaddettes.com shall have
the right to: a) modify or discontinue, temporarily or
permanently, the website or service with or without notice
without liability to User or any third party, and b) to
block Members from certain IP addresses from accessing
the website.
User’s electronic signature hereon constitutes User’s
acceptance hereof and consent hereto and constitute’s
User’s representation that User has read all of
the provisions hereof and is eligible to become a Member
of GolfCaddettes.com under the terms herein. User is permitted
to withdraw User’s acceptance and consent by electronic
signature in which case all rights of user to the services
herein shall be terminated and further use thereof shall
be granted only upon receipt by GolfCaddettes.com of an
executed, non-electronic copy hereof. Notice of such withdrawal
shall be given by e-mail transmission to customercare@GolfCaddettes.com,
or by letter and self-addressed stamped return envelope
to: GolfCaddettes.com, 10373 Roselle Street, Suite 130,
San Diego, CA 92121. In the event of such withdrawal,
Golf Caddettes.com shall discontinue User’s username
and password.
Membership
There shall be no cost to User to become a Member of
the service. User must be an individual and be at least
eighteen (18) years of age to become a member or use
the website and may not become a Member or use the service
if prohibited by law. Membership may be terminated by
GolfCaddettes.com at anytime by giving Member notice
thereof by e-mail. Membership may be terminated at any
time by the Member by following the instructions on
the “Resign” pages in Account Settings,
or by e-mail notice at customercare@GolfCaddettes.com.
GolfCaddettes.com Fees for Services, Member Account
and Cancellation
User hereby acknowledges and agrees that GolfCaddettes.com
shall be compensated by receiving a fee directly from
User for the services it provides. GolfCaddettes.com
shall bill User for reserving golf caddies through User’s
online account (User’s "Billing Account")
for each use of the service. User agrees to pay GolfCaddettes.com
all charges at the prices then in effect for any use
of the service by User or any other persons using User’s
Billing Account. User authorizes GolfCaddettes.com to
charge User’s selected payment method (User’s
"Payment Method") when ordering services hereunder
and User agrees to make all payments due hereunder by
using such selected Payment Method. User agrees that
GolfCaddettes.com is entitled to correct any errors
or mistakes that it makes in billing, even if it has
already requested or received payment. It is essential
that all billing account information be both accurate
and current and thus it shall be User’s obligation
to maintain the accuracy of all information on User’s
billing account and to advise GolfCaddettes.com of any
changes therein, discontinuation of any such information,
including Payment Method, and security issues. In the
event GolfCaddettes.com does not receive payment from
User’s Payment Method, for any reason, User shall
be responsible for immediate payment of all charges
due.
User acknowledges that some golf course may charge a
separate and additional fee for the use of a non-playing
caddy, or other fee for the use of additional golf cart(s)
when using a caddy herein. User agrees that it is User’s
responsibility to determine whether any such fee(s)
is charged and that User, and not GolfCaddettes.com,
who is solely responsible for paying any and all such
fees.
A fee hereunder is fully refundable only if User gives
GolfCaddettes.com notice of cancellation at least 48
hours in advance of the subject tee time. Notice of
cancellation must given by e-mail to ian@golfcaddettes.com
and be received no later than 48 hours in advance of
the subject tee time. Notice of cancellation by User
given less than 48 hours prior to the tee time shall
result in a $50.00 cancellation charge to User. User’s
booking fee shall be fully refunded if a) weather prevents
User from playing the subject round of golf , or if
b) any caddy fails to appear for the round of golf,
in which case User shall be credited with another booking
fee. User agrees that in the event the assigned caddy
is unable to appear for the round of golf, another caddy
may be substituted by GolfCaddettes.com to appear in
place of the initially assigned caddy for the subject
round of golf.
User is responsible for maintaining the confidentiality
of any username, password or other information that
User uses or provides in this website, and User is solely
responsible for all activities that occur through the
use of such information. User agrees to (a) immediately
notify GolfCaddettes.com of any unauthorized use of
any username or password or any other information, and
(b) ensure that User exits from User’s account
at the end of each session.
Rights to Website; No Solicitation by User
All rights in and to the website and services herein,
regardless of the nature thereof, are owned by and shall
remain the property of GolfCaddettes.com. GolfCaddettes.com
hereby disclaims any warranty as to any of the information
provided on this website or in connection with the services
provided herein and User agrees that GolfCaddettes.com
shall have no responsibility or liability for any information
provided on the website and in connection with the services
herein .
User agrees that User shall not use the website for
any form of solicitation or advertisement in any context
or for any purpose, commercial or otherwise.
Disclaimers
GolfCaddettes.com is in no way responsible for any of
the following:
(a) any incorrect or inaccurate information contained
on the website or provided in connection with the service,
regardless of the source of said information
(b) any conduct of any Member
(c) any conduct of any User
(d) any conduct of any golf caddy
(e) any error, interruption, line failure, theft or
destruction or unauthorized access to, or alteration
of, user or Member communications.
(f) any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or
providers, computer equipment, software, failure of
email or players on account of technical problems or
traffic congestion on the Internet or at any website
or combination thereof, including injury or damage to
users and/or Members or to any other person's computer
related to or resulting from participating or downloading
materials in connection with the Web and/or in connection
with the service
(g) any opinions or advice that may be posted on the
website
(h) any links to other World Wide Web sites or resources
(i) claims of User, Member or any third person for any
indirect, consequential, exemplary, incidental, special
or punitive damages, including also lost profits arising
from your use of the website or the service. User acknowledges
and agrees that no person or group of persons, including
the Users and Members of GolfCaddettes.com's service
has been recommended by GolfCaddettes.com. All interactions
between User and other GolfCaddettes.com Users or Members
and with GolfCaddettes.com Caddies are solely the responsibility
of User. User agrees that GolfCaddettes.com does not
make recommendations, has not met or evaluated, in any
way, any persons who use GolfCaddettes.com, does not
endorse or recommend any of such persons, and is not
responsible for the content on GolfCaddettes.com. Notwithstanding
anything to the contrary contained herein, GolfCaddettes.com's
liability to
User, regardless of the basis of User’s claim,
shall will at all times be limited to the amount paid,
if any, by you to GolfCaddettes.com for the service
during the term of membership.
User Indemnity
User agrees to indemnify and hold GolfCaddettes.com,
its subsidiaries, affiliates, officers, agents, and
other partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorney's
fees, made by any third party due to or arising out
of i) User’s use of the service in violation of
this Agreement and/or a breach of this Agreement, and
/or ii) publication on the website by User of any information
or submission of any information hereon.
Miscellaneous
User agrees that any dispute arising from or related
in any way to the website or services or GolfCaddettes.com
shall be submitted to binding arbitration to be conducted
in San Diego, California and User expressly agrees and
consents to the exclusive jurisdiction and venue in
the County of San Diego.
This Agreement and all terms hereof shall be governed
by and interpreted under the laws of the State of California
without regard to its conflict of law provisions.
There shall be no third party beneficiaries to this
Agreement.
This Agreement contains the entire agreement between
User and GolfCaddettes.com regarding the use of the
website and/or the service. of the website and/or the
service. If any provision of this Agreement is held
invalid, the remainder of this Agreement shall continue
in full force and effect.
User acknowledges and agrees that no software may be
downloaded from this website or otherwise exported in
any manner which may violate the laws of the United
States or any State thereof.
Non-Electronic Copy
If User desires a non-electronic copy of this Agreement,
User may request such copy prior or subsequent to electronic
signing hereof by e-mailing such request to customer
care@GolfCaddettes.com.
Please contact us with any questions regarding this
agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS
CONTAINED ABOVE.
|
