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Strictly Golfers Terms of Use

Revised February 12, 2009

THE FOLLOWING DESCRIBES THE TERMS ON WHICH STRICTLY GOLFERS OFFERS YOU ACCESS TO OUR WEBSITE AND PLATFORM:

JMW Visions, LLC provides our website, www.StrictlyGolfers.com, platform, tools, and services (together, the "Platform") to its users subject to this Terms of Use Agreement (the "Agreement"). A statement of our privacy policy may be found at http://www.Strictly Golfers.com/privacy/.

This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between you and Strictly Golfers regarding the Platform. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement without further notice. Any changes to this Agreement will be posted on this page and indicated by the revision date at the top of the Agreement. Your continued use of the Platform after any such changes constitutes your acceptance of the new Agreement. It is your responsibility to regularly check the Site to determine if there have been changes to this Agreement and to review such changes. If you object to anything in this Agreement or the Strictly Golfers privacy policy, do not continue to use or access the Platform.

1. Platform

Our Platform provides our users with a variety of resources including golf course statistics and reviews, and social networking between Strictly Golfers members.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Platform the transmission of technical data exported from the United States or the country in which you reside.

2. Membership

2.1 Eligibility. Our Platform is available to all individuals who are at least 18 years of age. Our Platform is not available to any temporarily or indefinitely suspended Strictly Golfers users. By registering to use our Platform, you represent and warrant that you are at least 18 years of age.

We have the right, in our sole discretion, to suspend or terminate your use of our Platform and refuse any and all current or future use of all or any portion of our Platform.

2.2 Password and Security. When you complete our registration process you will create a password that will enable you to access our Platform. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Strictly Golfers cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.2.

2.3 Registration Data. In consideration of your use of the Platform, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Platform ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (c) be fully responsible for all use of your account and for any actions that take place using your account.

3.Your Information

3.1 Definition. "Your Information" is defined as any information post or other material you provide (directly or indirectly), including through the registration process, or through the use of our Platform, in any public message board (including your ratings of specific courses) or through email. You are solely responsible for Your Information, and should understand that Your Information may be accessible by and made public through syndication programs (including data feed tools) and by search engines, metasearch tools, crawlers, metacrawlers and other similar programs. You understand and agree that Strictly Golfers may, but is not obligated to, review the Site and may delete or remove (without notice) any content in its sole discretion, for any reason or no reason, including content that violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any information you post or store on the Platform.

3.2 Restrictions. In consideration of your use of our Platform, you agree that Your Information:

  1. shall not be fraudulent;
  2. shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  3. shall not violate any law, statute, ordinance or regulation;
  4. shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
  5. shall not be obscene or contain, pornography, child pornography, or photographs of unclothed person(s);
  6. shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  7. shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
  8. shall not link directly or indirectly to any materials to which you do not have a right to link to or include.

3.3 License. We do not claim ownership of Your Information. We will use Your Information only in accordance with our privacy policy. However, to enable us to use your Public Information and to ensure we do not violate any rights you may have in your Public Information, you grant Strictly Golfers a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise, commercialize and exploit the copyright, publicity, and database rights (but no other rights) you have in your Public Information, in any media now known or not currently known, with respect to your Public Information.

3.4 Consent to Disclosure. You acknowledge and agree that Strictly Golfers may disclose Your Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce this Agreement, (c) respond to claims that Your Information violates the rights of third parties; (d) protect the rights, property or personal safety of Strictly Golfers, its employees, users and the public; or (e) enable the transfer or sale to another entity of all or substantially all of our stock or assets in the line of business to which this Agreement relates, or upon any other corporate reorganization, subject to the promises made in this Agreement. We also may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.

4. Use of Platform

4.1 Control. We do not control your Public Information or the Public Information posted by other users and do not guarantee the accuracy, integrity or quality of Your Information or the information of or posted by other users. Nor do we endorse any opinions expressed by you or other users. You understand that by using our Platform, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, Your Information, Public Information or information of or posted by other users. You agree that under no circumstances will Strictly Golfers its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or Information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with our Platform, or for any failure to correct or remove information.

4.2 Grounds for Removal, Sanction and/or Suspension. Notwithstanding any other provision of this Agreement, the following types of actions are cause for immediate removal, repeal and/or suspension or termination of your account:

  1. The use of our Platform to (including, without limitation, eligibility requirements):
    1. harm or intimidate another person in any way, including restricting or inhibiting any other user from using our Platform;
    2. impersonate any person or entity (including Strictly Golfers, Strictly Golfers staff and other members), or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device;
    3. disguise the origin of any Public Information that is transmitted to any third party;
    4. "stalk" or otherwise harass another;
    5. advertise merchandise, auctions, services or commercial websites, including offers to trade or charitable solicitations unrelated to the topic or spirit of Strictly Golfers;
    6. resell Public Information or access to Public Information; or
    7. collect or store personal data about other users;
  2. Posting any Public Information or other material:
    1. that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of another's privacy, hateful, or racially, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech;
    2. that is obscene, pornographic or adult in nature;
    3. that you do not have a right to make available under any law or under contractual or fiduciary relationships;
    4. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy;
    5. that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, "spam," "junk mail," and "chain letters");
    6. that is inappropriate, posted in bad faith, or contrary to the spirit of Strictly Golfers; or
    7. that uses the Platform primarily as a lead generator or listing service for another website;
  3. Refusing to follow Strictly Golfers staff instruction or direction;
  4. Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national or international law, statute, ordinance or regulation;

4.3 Interference with Platform.

You agree that you will not:

  1. upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  2. interfere with or disrupt our Platform or networks connected to our website or through the use of our Platform, or disobey any requirements, procedures, policies or regulations of networks connected to our website or
    3. through the use of our Platform, or otherwise interfere with our Platform in any way, including through the use of JavaScript, active or other coding;
  3. take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
  4. copy, reproduce, alter, frame, scrape, modify, transmit, sell, or publicly display any information displayed on our website (except for Your Information), or create derivative works from our website (other than from Your Information), to the extent that such action(s) would constitute copyright infringement or otherwise violate the proprietary property rights of Strictly Golfers or any other third party, except with the prior written consent of Strictly Golfers or the appropriate third party.

Any use of the Platform other than as specifically authorized herein, without our prior written permission, is strictly prohibited and may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

5. Gatherings at Venues

5.1 Strictly Golfers gatherings. Through our Platform we provide tools that enable our users to arrange physical meetings at public and private golf courses, golf tournaments, demo days, driving ranges, and other local and regional events. We do not supervise these gatherings and are not involved in any way with the actions of any individuals at these Strictly Golfers gatherings. As a result, we have no control over the identity or actions of the individuals who are present at these Strictly Golfers gatherings, and we request that our users exercise caution and good judgment when attending these Strictly Golfers gatherings.

5.2 Release. Because we do not supervise or control the Strictly Golfers gatherings or interactions among or between members of Strictly Golfers and other persons or companies, and because we are not involved in any way with physical transportation to or from Strictly Golfers gatherings or with the actions of any individuals at Strictly Golfers gatherings, and because we cannot guarantee the true identity, age, or performance level of Platform users, you agree that you bear all risk and release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, Strictly Golfers gatherings. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

6. Communications from Strictly Golfers and Members of the Strictly Golfers Community

6.1 Strictly Golfers Communications. You understand that certain communications, such as Strictly Golfers service announcements and newsletters, are part of our Platform. By using our Platform, you expressly agree to receive such communications from Strictly Golfers. You may subscribe, unsubscribe, and manage the frequency of emails you receive from Strictly Golfers in the Profile section of our website.

6.2 Communications with Members of the Strictly Golfers Community. By initiating, responding to, expressing interest in, or attending a Strictly Golfers gathering, you understand and agree that you may receive communication directly from other members and their designees in the normal course of utilizing our Platform. Initial contact will be relayed to your email address through our Platform, which does not disclose your email address. Bear in mind that when you reply to that initial email, your email address will be disclosed to the contacting party.

6.3 Other Users. We do not control the information provided by other users, which is made available through our system and does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Platform, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Strictly Golfers or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.

7. Links

We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability, appropriateness, or accuracy of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that Strictly Golfers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource. If you decide to access third party sites or to use or install any third party applications, software or content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Site or relating to any applications you use or install from the site.

8. Dealings with Marketing Partners and Third Parties

Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on our website or through our Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that Strictly Golfers shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of our Platform.

9. Copyright Complaints

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Platform any materials that violate another party's intellectual property rights. When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. We may also at our sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

10. Indemnity

You agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of our Platform, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party, or your participation in Strictly Golfers gatherings (whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at Strictly Golfers gatherings).

11. Warranties; Liability

11.1 Disclaimer of Warranties. Your use of our Platform is at your sole risk. Our Platform is provided to you "as is" and on an "as available" basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our Platform. We disclaim any warranties for any information or advice obtained through our Platform and for any services or goods advertised on our Platform or received through any links provided by our Platform, as well as for any information or advice received through any links provided through our Platform.

In addition, no advice or information (oral or written) obtained by you from us shall create any warranty.

You understand and agree that you download or otherwise obtain material or data through the use of our Platform at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.

11.2 Limitation of Liability. You agree that in no event shall Strictly Golfers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Strictly Golfers has been advised of the possibility of such damages), arising out of or in connection with our Platform or this Agreement or the inability to use our Platform (however arising, including negligence), arising out of or in connection with Third Party Transactions or arising out of or in connection with your use of our Platform or transportation to or from Strictly Golfers gatherings, attendance at Strictly Golfers gatherings, and the actions of you or others at Strictly Golfers gatherings.

11.3 Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations in this Section 11 may not apply to you.

12. Modifications

We reserve the right at any time to modify or discontinue, temporarily or permanently, all or any portion of our Platform with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our Platform.

13. Termination; Breach

You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account, or your ability to use all or any portion of our Platform, for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the Platform under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Platform. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Platform.

14. Additional Terms

14.1 Notices. Except as otherwise stated in this Agreement or as expressly required by local law, any notice to us shall be given by certified postal mail to JMW Visions, LLC, address, or by email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it , and any notice to you shall be given to the email address that you provided us during the registration process.

14.2 Entire Agreement. This Agreement constitutes the entire agreement between you and Strictly Golfers, superseding any prior agreements between you and Strictly Golfers. To the extent that you have previously registered with Strictly Golfers and provided Your Information, this Agreement now governs how Strictly Golfers may use Your Information, whether provided in the past or the future.

14.3 Governing Law. Except as expressly provided in this Section, (a) this Agreement and the relationship between you and Strictly Golfers shall be governed by the laws of the State of Texas without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents, and (b) you and Strictly Golfers agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Texas.

14.4 Assignment. You agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by Strictly Golfers, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of Strictly Golfers' assets, or similar transaction.

14.5 No Waiver. Strictly Golfers’ failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.

14.6 Severance. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Strictly Golfers nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.

17. Disclosures; Violations

The Platform offered under this Agreement is offered by JMW Visions, LLC,. Please report any violations of this Agreement by sending a notice of the violation to the Secretary of Strictly Golfers by postal mail or email, as follows:

Postal Address:

JMW Visions, LLC
P.O. Box 2916
Spring, TX 77383-2916

* * *

By indicating during registration that you have read and agreed to this Agreement, you are agreeing that you have read and understand this Agreement and agree to all of the terms of this Agreement.