VIP GOLF REWARDS TERMS OF SERVICE – Last Updated on September 18th, 2007 1. ACCEPTANCE OF TERMS This Website is provided by VIP GOLF REWARDS, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time. VIP GOLF REWARDS reserves the right to alter these TOS without advance notice by posting revised TOS. You can determine if the TOS has been revised by referring to the "Last Updated" date at the top of this page. These TOS apply to the following sites: www.vipgolfrewards.com, www.warriorcustomgolf.com, (Hereinafter referred to collectively as The Websites). In addition, when using particular services provided by VIP GOLF REWARDS, you shall be subject to any additional posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the TOS. By using The Websites and Services you further indicate that you are 18 years of age or more, or have received permission from a parent or legal guardian. Any questions about the meaning or application of these TOS should be directed to support@vipgolfrewards.com. 2. DESCRIPTION OF THE SERVICE VIP GOLF REWARDS provides members with access to a rich collection of benefits, editorial content and online resources, including forums and message boards, and (all of the foregoing, the "Interactive Community"), quizzes, polls, shopping services, searchable databases, specialized content, and opportunities to win trips and prizes (all of the foregoing, the "Services"). Unless explicitly stated otherwise, any new features that augment or enhance the Services, including the release of new VIP GOLF REWARDS properties, shall be subject to the then-current TOS. 3. REGISTRATION AND ACCOUNT CREATION You will be required to provide VIP GOLF REWARDS with certain registration information. In consideration of your use of The Websites and Services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of The Websites and Services. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to The Websites or Services to any third party. You are fully responsible for all activities that occur under your password or user name, including without limitation purchases. You agree to (a) immediately notify VIP GOLF REWARDS of any unauthorized use of your password or user name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. VIP GOLF REWARDS is not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations. 4. FEES AND PAYMENTS You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through The Websites by VIP GOLF REWARDS or by any third party vendor or service provider (such fees, charges and taxes shall collectively be referred to as "Fees"). VIP GOLF REWARDS reserves the right to change the amount of or basis for determining any Fees, and to institute new Fees, without prior notice to you. If you submit your credit card information to VIP GOLF REWARDS upon registration or otherwise, you give VIP GOLF REWARDS permission to charge all Fees incurred through your account to the credit card you designate on the Registration Form. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit card or your payment is returned to VIP GOLF REWARDS for any reason, including charge back, VIP GOLF REWARDS reserves the right to either suspend or terminate your account and all its obligations under this Agreement. Your VIP golf membership is effective for the period covered by your membership fee and continues upon your payment of the monthly/annual renewal fee. Renewal fees for your membership will automatically be charged, at the then current rate, to the credit card or other billing source authorized by you, until you cancel your membership. Should you choose to discontinue your membership for any reason before expiration of the then applicable membership term for which you have paid, you may cancel your membership and terminate further billing by calling the toll-free customer support number listed on this Web Site, or by calling 1-800-580-8622. If you are a monthly subscriber you must cancel your account no sooner than 72 hours before the time your monthly fees are due for no further fees to be incurred. If you notify VIP GOLF REWARDS of your wish to cancel your membership before fees are due, but after the cutoff date, VIP GOLF REWARDS will do everything in it's power to cancel your membership so that fees are not incurred, however, we do not guarantee you will not be charged. VIP GOLF REWARDS reserves the right to change the membership fee for any renewal term to be effective upon the renewal of your membership. 5. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY a. VIP GOLF REWARDS is a distributor only, and not a publisher, of information posted in The Websites. Please be aware that third party vendors or service partners may provide inaccurate, misleading, or deceptive information. VIP GOLF REWARDS neither endorses nor shall be held responsible for the reliability or accuracy of same, or for any injury, loss, or damage which occurs as a result of any information posted on this website. In addition, b. THE WEBSITES AND SERVICES, AND (UNLESS OTHERWISE EXPRESSLY STATED) ANY GOODS OR SERVICES YOU ACQUIRE OR ACCESS THROUGH THE WEBSITES ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITES AND SERVICES AND OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. IN THIS REGARD, YOU ACKNOWLEDGE THAT YOU MAY NOT RELY ON ANY CONTENT CREATED BY VIP GOLF REWARDS OR SUBMITTED TO VIP GOLF REWARDS, ALL OTHER PARTS OF THE WEBSITES. c. VIP GOLF REWARDS MAKES NO WARRANTY THAT (i) THE WEBSITES OR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE WEBSITES AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES AND SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES AND SERVICES WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE WEBSITES AND SERVICES WILL BE CORRECTED; OR (vi) THE WEBSITES OR THE SERVICES ON WHICH THEY ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. d. VIP GOLF REWARDS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN ANY OF THE MEMBER TO MEMBER POSTING SERVICE AREAS OR OTHER AREAS HEREIN. YOUR PARTICIPATION IN THE WEBSITES AND SERVICES IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 6. TERMINATION You understand and agree that, without prior notice and in VIP GOLF REWARDS’ sole discretion, your access to and use of The Websites and Services may be terminated or suspended; and further, that VIP GOLF REWARDS may also exercise any other remedy available and remove any unauthorized User Content (as defined below), if VIP GOLF REWARDS believes that your (or anyone using your computer, e-mail or password) use of The Websites and Services violates or is inconsistent with this TOS, or violates the rights of VIP GOLF REWARDS, another User or applicable law. You acknowledge and agree that monetary damages may be insufficient to remedy violations of the TOS, and you consent to injunctive or other equitable relief for such violations. Further, you agree that VIP GOLF REWARDS is not required to refund to you any money you may have paid if you are terminated as a User. VIP GOLF REWARDS shall not be responsible for any loss or damage that result from termination or suspension of User's access or account. The provisions of this Agreement will survive the termination of the Agreement or your access, whether terminated by you or VIP GOLF REWARDS 7. MODIFICATIONS TO SERVICES VIP GOLF REWARDS reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Services (or any part thereof) without notice. You agree that VIP GOLF REWARDS shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, or of any content, feature, or product offered on The Websites. Your continued use of any Website or Service after such changes will indicate your acceptance of the changes.
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