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Welcome to Golfswapper.com, a peer-to-peer golf equipment sales/service marketplace and online service provided by Golfswapper LLC. ("Golfswapper," "we," or "us"). This Terms of Service Agreement ("Agreement") describes the terms and conditions that govern your use of and participation in Golfswapper services. By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Agreement. If you do not agree to any of these terms or any future amendments, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").
Please read this
agreement carefully to ensure that you understand each
provision. You understand and agree that Golfswapper is not a party
to any agreements entered into between renters and owners, nor is Golfswapper
an agent or insurer. Golfswapper has no control over the conduct of
renters or other users of the service and disclaims all liability in this
regard. This agreement contains a mandatory arbitration of disputes
provision that requires the use of arbitration on an individual basis to
resolve disputes, rather than jury trials or class actions, and also limits the
remedies available to you in the event of a dispute.
This Service is
intended solely for people eighteen (18) years of age or older, and any
registration, use or access to the Service by anyone under 18 is strictly
prohibited. Golfswapper reserves the right to limit or restrict access by any
person, in our sole discretion.
End User License:
Subject to the terms
and conditions of this Agreement, you are hereby granted a non-exclusive,
limited, non-transferable, freely revocable, license to use the Service for
your personal, noncommercial use only. Golfswapper may terminate this license
at any time for any reason or no reason.
You agree to defend,
indemnify and hold harmless Golfswapper and its subsidiaries, agents,
licensors, managers, and other affiliated companies, and their employees, contractors,
agents, officers and directors, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but
not limited to attorney's fees) arising from: (i) your use of and access to the
Service or Products; (ii) your violation of any term of this Agreement,
including without limitation your breach of any of the representations and
warranties; (iii) your violation of any third-party right, including without
limitation any right of privacy, publicity rights or Intellectual Property
Rights; (iv) your violation of any law, rule or regulation of the United States
or any other country; (v) any claim or damages that arise as a result of any of
your User Content or any that is submitted via your account; or (vi) any other
party’s access and use of the Service with your unique username, password or
other appropriate security code.
If you choose to use
the service and/or participate in a rental, you do so at your own
risk. The service and any products are provided on an “as is” and
“as available” basis. To the maximum extent permitted by applicable
law, the service is provided without warranties of any kind, whether express or
implied, including, but not limited to implied warranties of merchantability,
fitness for a particular purpose, or non-infringement. No advice or
information, whether oral or written, obtained by you from Golfswapper or
through the service will create any warranty not expressly stated
herein. Without limiting the foregoing, Golfswapper, its
subsidiaries, and its licensors do not warrant that the content is accurate,
reliable or correct; that the service or any rental will meet your
requirements; that the service will be available at any particular time or
location, uninterrupted or secure; that any defects or errors will be
corrected; or that the service is free of viruses or other harmful
components. You will be solely responsible for any damage or loss
that results from your use of the service or products.
Limitation of Liability:
Except as expressly
provided in the insurance provision, to the maximum extent permitted by
applicable law, in no event shall Golfswapper, its affiliates, agents,
directors, employees, supplier, or its licensors be liable for any direct,
indirect, punitive, incidental, special, consequential, or exemplary damages,
including without limitation damages for loss of profits, goodwill, use, data
or other intangible losses, that result from the use of, or inability to use
this service, including without limitation any rental.
To the maximum extent
permitted by applicable law, Golfswapper assumes no liability or responsibility
for any (I) Errors, mistakes, or inaccuracies of content; (II) Personal injury
or property damage of any nature whatsoever, resulting from your access to or
use of our service or products; (III) Any unauthorized access to or use of our
secure servers and/or any and all personal information stored therein; (IV) Any
interruption or cessation of transmission to or from the service; (V) Any bugs,
viruses, or the like that may be transmitted to or through our service by any
third party; (IV) Any errors or omissions in any content or for any loss or
damage incurred as a result of the us of any content posted, emailed,
transmitted, or otherwise made available through the service; and/or (VII) User
content or the defamatory, offensive, or illegal conduct of any third
party. In no event shall Golfswapper, its affiliates, agents,
directors, employees, suppliers, or licensors be liable to you for any claims,
proceedings, liabilities, obligations, damages, losses or costs in an amount
exceeding the greater of either (a) The amounts paid by Golfswapper to you in
the twelve (12) month period prior to the event giving rise to the liability;
or (b) One hundred dollars ($50). The limitations of damages set
forth above are fundamental elements of the basis of the bargain between Golfswapper
and you. This limitation of liability section applies whether the
alleged liability is based on contract, tort, negligence, strict liability, or
any other basis, even if Golfswapper has been advised of the possibility of
such damage. The forgoing limitation of liability shall apply to the
fullest extent permitted by law in the applicable jurisdiction.
This Agreement, and
any rights and licenses granted hereunder, may not be transferred or assigned
by you, but may be assigned by Golfswapper without restriction. Any
attempted transfer or assignment in violation hereof shall be null and void.
We may terminate your
participation in the Service at any time, for any reason or no reason, without
explanation. We maintain sole discretion to bar your use of the Service in the
future, for any reason that we determine or for no reason. This Agreement will
remain in effect after your participation in the Service terminates.
You agree that: (i)
the Service shall be deemed solely based in Missouri; and (ii) the Service
shall be deemed a passive one that does not give rise to personal jurisdiction
over Golfswapper, either specific or general, in jurisdictions other than Missouri.
This Agreement shall be governed by the internal substantive laws of the State
of Missouri. You agree to submit to the personal jurisdiction of a state court
located in Platte County, Missouri or the U.S. District Court for the Western
District of Missouri for any actions for which we retain the right to seek
injunctive or other equitable relief in a court of competent jurisdiction to
prevent the actual or threatened infringement, misappropriation or violation of
a our copyrights, trademarks, trade secrets, patents, or other intellectual
property or proprietary rights, as set forth in the Arbitration provision
In the unlikely event
that Golfswapper has not been able to resolve a dispute it has with you after
attempting to do so informally, we each agree to resolve any claim, dispute, or
controversy (excluding any Golfswapper claims for injunctive or other equitable
relief) arising out of or in connection with or relating to this Agreement, or
the breach or alleged breach thereof (collectively, "Claims"), by
binding arbitration in the county of Platte. The award rendered by the
arbitrator shall include costs of arbitration, reasonable attorney's fees and
reasonable costs for expert and other witnesses, and any judgment on the award
rendered by the arbitrator may be entered in any court of competent
jurisdiction. Nothing in this Section shall be deemed as preventing Golfswapper
from seeking injunctive or other equitable relief from the courts as necessary
to protect any of Golfswapper’s proprietary interests. All claims must be
brought in the party’s individual capacity, and not as a class member in any
purported class or representative proceeding. You agree that, by
entering into this agreement, you and Golfswapper are each waiving the right to
a trial by jury or to participate in a class action.
together with all amendments, all documents referenced in this Agreement, and
any other legal notices and agreements published by Golfswapper via the
Service, shall constitute the entire agreement between you and Golfswapper
concerning the Service. If a court of competent jurisdiction deems any
provision of this Agreement invalid, the invalidity of such provision shall not
affect the validity of the remaining provisions of this Agreement, which shall
remain in full force and effect.
No waiver of any term
of this Agreement shall be deemed a further or continuing waiver of such term
or any other term, and Quiver’s failure to assert any right or provision under
this Agreement shall not constitute a waiver of such right or provision.
GolfSwapper , LLC
Kansas City, MO
Like most website operators, Golfswapper collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Golfswapper's purpose in collecting non-personally identifying information is to better understand how Golfswapper’s visitors use its website. From time to time, Golfswapper may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Golfswapper also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on WordPress.com blogs. Golfswapper only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that blog commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog where the comment was left.
Use of personal details (purpose of register)
Personal details are collected to make communication and use of service possible. Details can be used for communication between service providers and users and also for direct communication between users. Some personal details are visible on the profile page of the user, but those details are voluntary (except name).
The handling of personal details is not outsourced, but the register data is stored on a server that is rented from a third party company.
Information content of the register
The following information may be stored in the register:
- Personal details: Name, email address, phone number, street address
- Account details: username, password (stored in encrypted format)
- The description text that the user may write about him/herself
- The offers and requests the user has posted to the service
- The given and received feedback and badges
- Statistical data about service usage, e.g. number times the user has logged in
Regular sources of information
Personal details are given by the user on registration to the service or when using it later.
Regular handovers of the information
Information considering users of a single GolfSwapper community may be handed over to the client who has founded that community or to the community administrators appointed by that client.
Register protection principles
The information is stored on computers. The access to the information is restricted with passwords and physical access to the computers is restricted by the server hosting company.