Terms and Conditions/Website Usage Agreement:
Thank you for visiting the Terms and Conditions (“The Terms") page of Wide World of Golf, Inc. Dba "Just Say Golf". Your access and use of any of our websites at Justsaygolfgolf.com, and all other Just Say Golf websites (the "Just Say Golf Websites") is subject to the following terms, conditions and applicable laws.
Certain services or other offerings made available on the Just Say Golf Websites may have additional terms and conditions that apply, and which can be viewed either on the pages containing such services or offerings, or via a link on those pages or other directions to the additional terms and conditions.
By using the Just Say Golf Websites, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION, as well as such additional or amended terms and conditions as Just Say Golf may from time to time publish.
You must be at least 14 years old to use the Just Say Golf Websites. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Just Say Golf Websites with permission from your parent or legal guardian.
The Just Say Golf Websites are owned and operated by Wide World of Golf and/or its affiliates and are protected by copyright law and other United States and international laws. All rights reserved. Copyright in the content and the software provided are owned by or licensed to Wide World of Golf, dba Just Say Golf.
Materials from the Just Say Golf Websites may not be distributed, copied or transmitted in any way without the prior written consent of Just Say Golf. Links to the Just Say Golf Websites may not be created without the express written consent of Just Say Golf.
Unless otherwise noted, products, product names, designs, logos, text, images, graphics, audio, video, code, domain names, organization, and user look-and-feel within the Just Say Golf Websites are the trademarks, service marks, trade names, copyrights, or other property of Just Say Golf. Unauthorized use of the materials from the Just Say Golf Websites may violate copyright, trademark, and other laws. Nothing on the Just Say Golf Websites should be construed as granting, by implication, or otherwise, any license or right to use any Just Say Golf Intellectual Property displayed on the Just Say Golf Websites without the express, written permission of Just Say Golf. All rights not expressly granted herein are still reserved.
All material on the Just Say Golf Websites is provided for lawful purposes only. Images of people or places in the Just Say Golf Websites are either the property of or are used with permission by Just Say Golf. The use or misuse of those images except as expressly authorized is prohibited. Just Say Golf reserves complete title and full intellectual property rights in materials downloaded from the site.
Just Say Golf, and the Just Say Golf Logo, are registered trademarks of Just Say Golf. All other trademarks and service marks used herein are property of their respective owners.
Any information, including but not limited to suggestions, ideas, remarks, graphics or other submissions, communicated to Just Say Golf through this site is not confidential. Just Say Golf shall be entitled to reproduce, distribute or use any such information submitted for any purpose without compensation to the person sending the submission.
The user acknowledges the originality of any submission communicated to Just Say Golf and accepts responsibility for its accuracy, appropriateness and legality.
You agree not to: 1. Share usernames, passwords or other access credentials that allow access to protected portions of any Just Say Golf Website by any unauthorized third party. 2. Engage in or facilitate spamming. 3. Post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings. 4. Omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content. 5. Impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity. 6. Disseminate or transmit any content without the right to do so. 7. Send harassing and/or threatening messages to others.
You agree not to: Post, disseminate or transmit any content that: A. Is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, or invasive of another's privacy; B. Infringes or violates any party's author's right, trademark, or other proprietary right, including but not limited to using third party materials protected by author's right law without appropriate permission, using third party trademarks without appropriate permission.
You agree not to: 1. Use the Just Say Golf Websites for any illegal purpose, in violation of any applicable laws or regulations. 2. Publish web pages that contain links that initiate downloads of infringing or other illegal material. 3. Electronically stalk or otherwise electronically harass another. 4. Engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law, or 5. Conduct Internet raffles or contests that violate applicable laws.
As a further condition of your use of and access to the Just Say Golf Websites, you agree not to: 1 Post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs via or through the Just Say Golf Websites; 2 Disrupt the normal flow on the Just Say Golf Websites of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; 3 Run any program that makes a service or resource available to others, including but not limited to port redirectors, proxy servers, chat servers or the like. 4 Interfere with, disrupt, or harm in any way the Just Say Golf Websites or servers or networks connected to them; 5 Run programs or specifically configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity 6 Use the Just Say Golf Websites in violation of the rules of any other website providers, websites, chat rooms or the like; 7 Use the Just Say Golf Websites to access the accounts of others without permission; 8 Attempt to penetrate security measures of Just Say Golf or another entity, or obtain or bypass passwords; 9 engage in denial of service attacks, designed to impair network access by flooding a site or the Internet with useless traffic.
Just Say Golf, in its sole discretion, may: Utilize third party contractors for various service functions, including without limitation interactive chats with product specialists relating to product recommendations. Opinions, views and recommendations expressed by such third parties are not necessarily the opinions, views and recommendations of Just Say Golf, and Just Say Golf is not responsible for any such opinions, views or recommendations made by such third parties.
By using the Just Say Golf websites: You agree that use of the Just Say Golf websites is at your sole risk. The Just Say Golf websites are provided on an’ as is’ and ‘as available’ basis. Just Say Golf does not warrant that use of the Just Say Golf websites will be uninterrupted or error free. Just Say Golf reserves the right to cancel any order for products placed on the Just Say Golf website as a result of a mistake or error as determined by Just Say Golf. Just Say Golf does not warrant the accuracy or completeness of the content provided or the products and services offered for sale on the Just Say Golf websites. Just Say Golf specifically disclaims all warranties whether expressed or implied including but not limited to warranties of title merchantability or fitness for a particular purpose, to the fullest extent of the law. No verbal information provided by Just Say Golf shall create a warranty. Under no circumstances shall Just Say Golf be liable for any direct, indirect, incidental, special or consequential damages that result in your use of, or the inability to use, the Just Say Golf websites or products delivered, including but not limited to reliance by you on any information obtained from the Just Say Golf websites that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing limitation of liability shall apply weather in an action of contract or other tortious action, even if an authorized representative of Just Say Golf has been advised or should have knowledge of the possibility of such damages, however the forgoing shall not apply to the extent that any liability is the result of our own negligence. This paragraph shall apply to all content, merchandise and services available through the website. To the fullest extent of the law, Just Say Golf’s total cumulative liability to you or any third party under these terms from all causes of action and theories of liability will be limited to not exceed the amounts you have actually paid to Just Say Golf during the last six (6) months preceding the claim to such liability.
Products, Specifications and Content: All features, content, specifications, products and prices of products and services described or depicted on the Just Say Golf Websites are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Just Say Golf Websites at a particular time does not imply or warrant that these products or services will be available at any time. From time to time, certain product listings on the Just Say Golf Websites may show a product’s original price stricken through, alongside a reduced price. These products may be non-current models and may be on permanent markdown.
Applicability of Content: Information on this site includes description of products and services that may be available in the United States of America only. This site is operated in the State of Washington, United States of America, and Just Say Golf makes no representation that the content provided is applicable or appropriate for use in other locations.
Arbitration Agreement & Waiver of Certain Rights: You and Just Say Golf agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Just Say Golf hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Just Say Golf relating to these Terms or the Just Say Golf Websites (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association in Spokane, Washington. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Just Say Golf will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or Just Say Golf from seeking action by federal, state, or local government agencies. You and Just Say Golf also have the right to bring qualifying claims in small claims court. In addition, you and Just Say Golf retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither you nor Just Say Golf may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Just Say Golf’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section of the Terms will survive the termination of your relationship with Just Say Golf.
This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in the American Arbitration Association rules and the right to certain remedies and forms of relief. Other rights that you or Just Say Golf would have in court may not be available in arbitration.
These Terms are governed and interpreted pursuant to the laws of the State of Washington, United States of America, without reference to its provisions concerning conflicts of law.
Without limiting the arbitration agreement set forth above, you agree that any action of whatever nature arising from or relating to these Terms or the Just Say Golf Websites will be filed only in the state or federal courts located in the County of Spokane, State of Washington. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Just Say Golf may revise these Terms at any time by updating this posting.
Under no circumstances will Just Say Golf be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
The failure by us to enforce any right or provision of these Terms will not prevent Just Say Golf from enforcing such right or provision in the future.
Just Say Golf may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
Just Say Golf reserves the right to not provide the Just Say Golf websites to any person. Just Say Golf also reserves the right to terminate any user’s right to access the Just Say Golf websites at any time, in its discretion. If you violate any of these Terms, your permission to use the Just Say Golf websites automatically terminates.
From time to time, Just Say Golf may change these Terms. If Just Say Golf changes these Terms, it will give you notice by posting the revised Terms on the Just Say Golf Websites. By continuing to use the Just Say Golf websites you are agreeing to any revised terms posted on the website. Please print a copy for your records.