As the end user of the App, you hereby acknowledge that your use of the App represents your acceptance and agreement to the terms and conditions of the Agreements and that you confirm your continued use of the App may be considered your irrevocable confirmation of having entered into the Agreements with the Company.
Notwithstanding the fact that you may sign up for a business membership through the App, the ultimate supplier of your corporate information is you; therefore, the Company and each of its affiliates disclaims any liability for the quality of the data, pictures and videos you store through the App. We will work very hard to make sure any complaints are directed to the relevant member, but take no responsibility for the quality of the information. Further, neither the Company nor any of its affiliates take any responsibility for customer reviews placed on the App. The individuals placing reviews are not employees of the Company nor do they in any way represent the Company through their acts or omissions. You will remain solely responsible for the decision to accept reviews on your page.
You represent and warrant that (a) you are not located in a country that is subject to an embargo by any other country, or that has been designated as a 'terrorist supporting' country; and (b) you are not listed on any U.S. Government 'watch list' of prohibited or restricted parties (including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce) or any such similar list prepared by any other country.
The Agreements incorporates by reference the Licensed Application End User Agreement (the 'LAEULA') published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/) or other similar agreements to which you agreed the terms prior to use of the App. For purposes of the Agreements, the App is considered the 'Licensed Application' as defined in the LAEULA and the 'Company' is conserved the 'Application Provider' as defined in the LAEULA. If any terms of the Agreements conflict with the terms of the LAEULA, the terms of the Agreements shall control.
Any use of the App in any manner not allowed under the Agreements or LAEULA, including, without limitation, resale, transfer, modification or distribution of the App or copying or distribution of text, pictures, music, video, data, barcodes, hyperlinks, displays, and other content provided by the App is prohibited. The Agreements does not entitle you to receive and does not obligate the Company to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the App.
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, (I) IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU WITH RESPECT TO THE USE OF THE APP; AND (II) IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE APP, INCLUDING, WITHOUT LIMITATION, LOSS OR CORRUPTION OF DATA, DAMAGES FOR LOST PROFITS, OR FAILURE OR MALFUNCTION OF YOUR COMPUTING DEVICE. YOUR SOLE REMEDY UNDER THIS AGREEMENT IS TO CEASE USE OF THE APP. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
The App may require transmission of information provided by you including usernames/passwords, e-mail addresses, your name, address, and financial information, including your credit card information (collectively 'your Information') in order to pay for your membership via a third-party payment provider. You consent to the transmission of your Information to the Company, its affiliates and its and their respective agents, representatives, business partners, service providers, advisors and insurers, including any payment processor, to process your Information as may be necessary for the App to perform its functions to pay for your membership. You acknowledge that your Information will be stored by the App in a secure internet server and may be stored in your device in an encrypted format. The Company makes no warranty that a third party cannot decrypt your Information should a third party be able to access the secure server or if the third party comes into possession of your device. The Company suggests and requests that you use all security features of device, including the 'Passcode Lock' function, to protect your device and the confidentiality of your information. Should you lose your device, or reasonably conclude that another person may access or have accessed your information on your device, you should immediately contact the credit card association or bank which issued the credit card whose information is stored in the App. For further information on how the Company protects your information, read the Privacy Statement below and the Privacy terms on the Company's website (which are incorporated into the Agreements by reference, and the newest version of which are available on the Company's website at Hole.Golf).
Use of the App and any of your information transmitted in connection with the App is limited to the functionality of the App. In no event may the App be used in a manner that (1) harasses, threatens, defames, abuses or otherwise infringes or violates the rights of any other party; (2) is fraudulent, unlawful or deceptive; (3) uses technology or other means to access Company's proprietary information that is not authorized by the Company; (4) uses or launches any automated system to access Company's website or computer systems; (5) attempts to introduce viruses or any other malicious computer code that destroys, interrupts, or limits the functionality of any computer hardware, App, or telecommunications equipment; (6) attempts to gain unauthorized access to Company's computer network or user accounts; (7) encourages conduct that would constitute a criminal offense, or would give rise to civil liability; (8) violates the Agreements. The Company reserves the right, in its sole discretion, to terminate the Agreements, request that you erase your account, request that you remove the App from your device for any reason, including but not limited to Company's reasonable conclusion that you have violated the Agreements.
You acknowledge that, should you use the App to pay for an optional membership, the Company retains the right to settle in full any order made through the App. All funds are taken in US dollars.
You agree to defend, indemnify, and hold harmless Company and its employees, officers, contractors, agents, and directors from any and all claims, suits, costs, damages, fines, lawsuits, penalties, liabilities, expenses (including attorney's fees) that arise from your use or misuse of the App, violation of the Agreements or violation of any rights of a third party. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
You and the Company acknowledge that, in the event of any third party claim that the App or your use of the App infringes any third party's intellectual property rights, the Company will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Should the App be found to infringe any intellectual property rights of a third party, your sole remedy shall be either to cease using the App or to use a non-infringing version of the App should the Company choose to provide you with such a non-infringing version.
You acknowledge that the Company is responsible for addressing any claims of the end-user or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
Should you wish to contact the Company with any questions, complaints or claims with respect to the App, you should visit the Company's website at Hole.Golf (the 'Website') or email .
The Company owns the App and any and all trademarks, service marks, and other content included in the App, including the applicable Hole Golf name and logos. The App may use service marks, trademarks, or other content in connection with the services it provides and such service marks, trademarks, or other content remains at all times the property of its respective owner. You have no right or license with respect to any service marks, trademarks, and other content owned by the Company or any other third party that is visible on or provided to you through the App or Website.
You acknowledge that the Company may at any time pull or stop offering some of its features with no obligation to notify you or to compensate you in any way.
You agree that the Company may push product offers to you at any time through the App.
The copyrights to all contents of the App are proprietary to the Company or its third party licensors, and you may not reproduce, post on any other App, modify, distribute or transmit any portion of this site without the express written consent of the Company. Any name, logo, trademark or service mark contained on this App is owned or licensed by the Company (or its partners) and may not be used by you without the prior written consent of the Company. Any unauthorized use of the content of the App may subject you to civil or criminal penalties.
The laws of Canada, excluding its conflicts of law rules, govern the Agreements and your use of the App. Any action arising under the Agreements or use of the App shall be judged in the courts of Canada.