CaddiePal Terms of Use and Privacy Policy
POLICY ON INDIVIDUAL USE

Last Modified: August 30, 2013

Thank you for using all CaddiePal services, including but not limited to CaddiePal Applications and website features. These Terms of Use and Privacy Policy (the "Terms of Use and Privacy Policy") govern your access to and use of CaddiePal ("we" or "our") applicAtions, websites and services (the "Services"), so please carefully read them before using the Services. By using the Services you agree to be bound by these Terms of Use and Privacy Policy.

You may use the Services only in compliance with these Terms of Use and Privacy Policy. You may use the Services only if you have the power to form a contract with CaddiePal and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.

Privacy Policy

Our Commitment To Privacy

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available at every point where personally identifiable information may be requested.

The Information We Collect:

This notice applies to all information collected or submitted on this website. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are:

Name
Email address, and
Checkboxes:
"I am a PGA Professional"
"I provide instruction at a golf facility"
"I coach competitive high school, and/or collegiate golf"


Finally, we never use or share the personally identifiable information provided to us.

Our Commitment To Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

How You Can Access Or Correct Your Information You can contact us directly to correct errors, or any other reason on the information button at the top-right button of the app header.

To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

By using CaddiePal as a Coach or Golf Instructor you provide us with your name and e-mail address for the purpose of registering to use the Services.

We may from time-to-time send you informational emails regarding updated features.

Acceptable Use

You are solely responsible for your conduct, and use of the Services. We may choose to review public content for accuracy, but you acknowledge that CaddiePal has no obligation to monitor any information on the Services. We are not responsible for the accuracy, of completeness of information submitted to the applicable databases, or any other information you may be able to access using the Services.

CaddiePal will not be liable for any loss or corruption of information on your account. If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.

Junior Golfers

Junior golfers, are encouraged to use CaddiePal. By agreeing to these Terms of Use and Privacy Policy, any person who is 13 years old, or younger, must have the approval of a parent or guardian to use this service.

Course GPS Mapping & Tee Data

All courses are GPS mapped, and tee information uploaded by CaddiePal personnel, course employees, or designated coaches, players. CaddiePal makes every effort to ensure all information is accurate, but cannot guarantee 100% accuracy, at all times. Inaccuracies are subject to, but not limited to, the accuracy of information provided by golf courses, proper day-to-day functioning of hand-held mobile devices in their interaction with GPS satellite systems. CaddiePal cannot guarantee, and is not responsible for the inaccuracies that may arise during golfer use of the services.

Account Security

You are responsible for safeguarding your access the Services as it relates to accumulating your individual golf data. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify CaddiePal of any unauthorized use of your account.

CaddiePal hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Services. Your access to use the Services is automatically revoked if you violate these Terms of Use and Privacy Policy in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms of Use and Privacy Policy. You must not reverse engineer or decompile the website, nor attempt to do so, nor assist anyone else to do so.

CaddiePal Property and Feedback

These Terms of Use and Privacy Policy do not grant you any right, title, or interest in the Services, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us without any obligation to you. The technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms of Use and Privacy Policy do not grant you any rights to use the CaddiePal trademarks, logos, domain names, or other brand features.

Copyright

CaddiePal will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported using our Contact Page. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers.

Other Content

The Services may contain links to third-party websites or resources. CaddiePal does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms of Use and Privacy Policy, in which case the open source provisions will apply.

Termination

We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms of Use and Privacy Policy, or use the Services in any way that would cause us legal liability or disrupt others‚s use of the Services. If we suspend or terminate your use, we will try to let you know in advance, though there may be some cases (for example, repeatedly or flagrantly violating these Terms of Use and Privacy Policy, a court order, or danger to other users) where we may suspend immediately.

CaddiePal is Available "AS-IS"

THE SERVICES ARE PROVIDED AS IS, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CaddiePal will have no responsibility for any harm to your smart phone devise, or any computers owned by, or possessed by you, loss or corruption of data, or other harm that results from your access to, or use of, the Services. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CADDIEPAL, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT CADDIEPAL HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO CADDIEPAL FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.

Export Restrictions

The export and re-export of the Services may be controlled by the United States Export Administration Regulations. The Services may not be used in Cuba; Iran; North Korea; Sudan; or Syria or any country that is subject to an embargo by the United States. If you are a resident or national of, or a business located in, any of those countries, you may not use the Services. In addition, the Services may not be distributed to persons on the Table of Denial Orders; the Entity List; or the List of Specially Designated Nationals.

Modifications

We may revise these Terms of Use and Privacy Policy of Use and Privacy Policy from time to time and the most current version will always be posted on our applications. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms of Use and Privacy Policy of Use and Privacy Policy. If you do not agree to the new Terms of Use and Privacy Policy of Use and Privacy Policy, please stop using the Services.

Miscellaneous Legal

THESE Terms of Use and Privacy Policy AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY OREGON LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE Terms of Use and Privacy Policy OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF COOS COUNTY, OREGON, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms of Use and Privacy Policy constitute the entire and exclusive agreement between you and CaddiePal with respect to the Services, and supersede and replace any other agreements, Terms of Use and Privacy Policy and conditions applicable to the Services. These Terms of Use and Privacy Policy create no third party beneficiary rights. CaddiePal‚s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms of Use and Privacy Policy, and any such attempt is void, but CaddiePal may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. CaddiePal and you are not legal partners or agents; instead, our relationship is that of independent contractors.

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