THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES WITH REGARDS TO USE OF THE HOME IN TWO GOLF MEDIA, LLC (D/B/A HOME IN TWO GOLF), (“HITGM”) WEBSITE, CURRENTLY AVAILABLE AT WWW.HOMEINTWOGOLF.COM, HITGM MOBILE-BASED APPLICATIONS, AND HITGM SOCIAL MEDIA CHANNELS.
1. Acceptance of Terms of Use; Reliance on Information Posted
These terms and conditions of use are entered into by and between You as the user (“You”/”you” or “Your”/”your”), and Home in Two Golf Media, LLC (D/B/A Home in Two Golf), (“HITGM”), and its subsidiaries and affiliated companies (collectively, “HITGM”, “We”/”we”, “Us”/”us”), or “Our”/”our”). The following terms and conditions of use, together with any documents expressly incorporated by reference (collectively, these “Terms of Use”), govern your access to and use of the HITGM website, currently available at www.homeintwogolf.com, HITGM mobile-based applications, and HITGM social media channels (collectively, the “HITGM Sites” / “Sites”). BY ACCESSING, VIEWING, USING, AND/OR REGISTERING WITH THE HITGM SITES, YOU AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS OF USE.
The Sites are made available solely for your personal use, and for general informational purposes only. You agree to comply with all applicable laws while using the Sites.
You may only access the Sites using authorized means. It is your responsibility to check to ensure you download the correct software for your device. HITGM is not liable if you do not have a compatible device.
2. Notices; Modification and Termination of Services; Amendment of the Terms
HITGM reserves the right to make changes to the Terms of Use at any time by posting revised terms directly to this page. Amendments to the Terms of Use are effective when posted, and the date on which the Terms of Use was last revised is identified at the top of this page. IT IS YOUR RESPONSIBILITY TO MONITOR AND REVIEW UPDATES AND AMENDMENTS TO THE TERMS OF USE. YOUR CONTINUED USE OF ANY OF THE SITES AFTER THE POSTING OF UPDATES AND AMENDMENTS WILL BE DEEMED ACCEPTANCE OF ANY AND ALL CHANGES TO THE TERMS OF USE.
HITGM reserves the right at any time, in its sole discretion, to modify, suspend, withdraw, or terminate the Sites or any services provided through the Sites (or any part thereof), and/or your use of, or access to, the Sites, with or without notice. HITGM may also delete, restrict, or prohibit your access to, and/or use of, the Sites, in whole or in part, including if you are a registered users.
HITGM will not be liable to you or any third party if, for any reason, all or any part of the Sites are unavailable at any time or for any period of time. HITGM will not be liable for any modification, suspension, withdrawal, or termination of the services or content provided through the Sites, or for the loss of any related information.
If you are dissatisfied with the services provided through the Sites, your sole and exclusive remedy is to discontinue your use of the Sites.
3. Accessing the Sites; Registration Data
Some features of the Sites may require you to register as a user, and to receive HITGM authorization before you can use particular features, including forums, mailing lists, event registrations, and other services. While you may view, access, and/or use some of the functionality of the Sites without registration, some specific tools and services on the Sites may require registration, and your submission of Personally Identifiable Information (“PII”). Your submission, and our collection and use, of PII through the Sites is governed by HITGM’s Privacy Policy.
You are the sole authorized user of any account you create on or through the Sites. You must treat your Username, Password, and any other piece of information (such as security questions and answers) that form a part of our security procedures and protocols, as confidential information and you must not disclose such confidential information, in whole or in part, to any third party, unless required to do so by order of law. You are solely and fully responsible for all access, actions, activities, and content that occur under and/or in association with your Username or Password. You agree that you shall monitor your HITGM account for use by any and all third parties, and that you will accept full responsibility for any unauthorized use of your Username, Password, and/or HITGM account. You agree to notify HITGM immediately of any unauthorized access to, or use of, your Username or Password or HITGM account, and/or any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to access your account, or view or record your Password or other personal information.
HITGM HAS NO CONTROL OVER THE UNAUTHORIZED USE OF ANY USERNAME OR PASSWORD, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR SUCH UNAUTHORIZED USE. BY USING THE SITES, YOU ACCEPT ALL RISK OF UNAUTHORIZED ACCESS TO, AND/OR USE OF, ALL INFORMATION YOU PROVIDE TO HITGM.
By using the Sites as a registered user, you agree to maintain and promptly update the information you provide to HITGM, and keep all such information accurate, current, and complete.
We have the right to disable any Username, Password, or other identifier, whether chosen by you or provided by HITGM, at any time if, in our sole determination, you have violated any provision of these Terms of Use or any other HITGM policy or guideline, including but not limited to the HITGM Privacy Policy. If you have access to the Sites as a designated representative of a business, HITGM may terminate your right to use the Sites upon notification that you are no longer a designated representative for that business.
4. Geographic Restrictions
HITGM is a South Carolina limited liability company with a principal place of business in Kiawah Island, SC. HITGM makes no representation that the Sites, the content of the Sites, or the services available through the Sites are appropriate for, or accessible to, users outside of the United States, or in all locations within the United States. If you access the Sites from outside the United States, you do so on your own initiative, and are responsible for compliance with all applicable laws in the jurisdiction from which you view, access, and/or use the Sites.
HITGM, and our Sites, are based in the United States and, regardless of where you view, access, or use our Sites, any information collected as part of that access or use will be transferred to and maintained on servers located in the United States. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence or the location where you are viewing, accessing, or using the Sites. By accessing and/or using our Sites, you consent to the capture, collection, transfer, transmission, storage, processing, and use your information in and to the United States.
5. Prohibited Activities
YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO YOUR ACCESS TO AND/OR USE OF THE SITES, OR OF ANY FUNCTIONALITY OF OR FEATURES OF THE SITES, YOU SHALL NOT, INTENTIONALLY OR UNINTENTIONALLY, KNOWINGLY OR UNKNOWINGLY, DIRECTLY OR INDIRECTLY, THROUGH YOURSELF OR THROUGH ANOTHER, BY MANUAL, MECHANICAL, ELECTRONIC, OR OTHER MEANS:
6. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOUR USE OF THE SITES, CONTENT, THIRD-PARTY CONTENT, LINKS, AND THIRD-PARTY SITES IS AT YOUR SOLE RISK. THE SITES, CONTENT, THIRD-PARTY CONTENT, LINKS, AND THIRD-PARTY SITES AND RELATED SERVICES AND FEATURES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES AS TO: (I) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NONINFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; (II) RESULTS TO BE DERIVED FROM THE USE OF THE SITES; (III) WHETHER THE CONTENT AND THIRD-PARTY CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING, OR TIMELY; AND (IV) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN THE SITES, CONTENT, AND THIRD-PARTY CONTENT. WE DO NOT REPRESENT, COVENANT, OR WARRANT THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
REFERENCE TO ANY PRODUCT OR SERVICE OF ANY THIRD PARTY DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY HITGM. THE VIEWS AND OPINIONS OF USERS OF THE SITES DO NOT NECESSARILY STATE OR REFLECT THE VIEWS AND OPINIONS OF HITGM.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, HITGM AND ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, MEMBERS, OFFICERS, DIRECTORS, AND OTHER REPRESENTATIVES, (ALL OF THE FOREGOING BEING COLLECTIVELY, “HITGM PARTIES”), DISCLAIMS AND WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS OR OTHER ECONOMIC ADVANTAGE) (“DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH THE SITES, OR THE CONTENT OF THE SITES, EVEN IF HITGM HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SITES, ANY WEBSITE, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO THE SITES, ANY CONTENT ON THE SITES, OR SUCH OTHER WEBSITES, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO SUCH CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES, OR THROUGH SUCH OTHER WEBSITES, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO THE SITES ; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE SITES; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
8. Intellectual Property Rights
All trademarks, trade names, service marks, trade dress, moving and still images, photos, drawings, graphics, videos, streaming images, audio files, streaming audio, and other proprietary content contained on the Sites, including its user interface, (collectively, the “Intellectual Property”), are the property of HITGM, its subsidiaries or affiliates, HITGM licensors, or other third parties. EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS OF USE, NOTHING IN THESE TERMS OF USE OR ON THE SITES SHALL BE CONSTRUED AS GRANTING, BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT TO USE, IN WHOLE OR IN PART, WITH OR WITHOUT ATTRIBUTION, ANY OF THE INTELLECTUAL PROPERTY ON THE SITES. THESE TERMS OF USE PERMIT YOU TO USE THE SITES FOR YOUR LIMITED, PERSONAL, NON-COMMERCIAL, NON-ASSIGNABLE USE ONLY. YOU AGREE NOT TO REPRODUCE, MODIFY, PUBLICLY DISPLAY, PUBLICLY PERFORM, STORE, RENT, LEASE, LOAN, SELL, DISTRIBUTE, MIRROR, FRAME, REPUBLISH, DOWNLOAD, CAPTURE, TRANSMIT, OR CREATE DERIVATIVE WORKS FROM, ANY OF THE CONTENT, IN WHOLE OR IN PART, OF THE SITES. ANY USE OF THE CONTENT OF THE SITES NOT EXPRESSLY PERMITTED BY THESE TERMS OF USE, IS A BREACH OF THE TERMS OF USE AND MAY VIOLATE COPYRIGHT, TRADEMARK, AND OTHER LAWS.
HITGM Trademarks
As used herein, “HITGM Trademarks” means all company names, product and service names, related names, terms, marks, brands, logos, designs, trade dress, slogans, and other designations of origin of HITGM or its affiliates. You must not use any of the HITGM Trademarks without the express, prior written permission of HITGM. You may not remove or alter any HITGM Trademarks without HITGM’s prior written permission. You acknowledge HITGM’s rights in the HITGM Trademarks. You agree not to incorporate any HITGM Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, social media handles, social media channels, or any other similar designations, for use on or in connection with you personally, or with your or any third party’s products, services, or information.
If you wish to make any use of any content or other material on the Sites other than as set out in these Terms of Use, you may contact us at contact@homeintwogolf.com.
9. Identification of Agent for Receipt of Copyright Infringement Notices
We respect the intellectual property rights of others, and request that you do the same. Accordingly, we have adopted a policy to respond to notices of claimed infringement and terminate, in appropriate circumstances, the accounts of users who are repeat copyright infringers. If you believe that your copyright or the copyright of a person or entity on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:
Andrew Culp
contact@homeintwogolf.com
In your notice, please provide the following information:
10. User Contributions
The Sites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post user contributions. User contributions must comply, in whole and in part, with all applicable federal, state, local, and international laws and regulations. WITHOUT LIMITING THE FOREGOING, USER CONTRIBUTIONS MUST NOT:
11. Monitoring and Enforcement; Termination
HITGM has the right to:
FOR THE SAKE OF CLARITY, HITGM DOES NOT REVIEW ALL, IF ANY, USER CONTRIBUTIONS/CONTENT/POSTS/MATERIALS BEFORE SUCH CONTENT IS POSTED ON THE SITES. HITGM CANNOT ENSURE THE PROMPT REMOVAL OF OBJECTIONABLE MATERIAL AFTER IT HAS BEEN POSTED. ACCORDINGLY, HITGM ASSUMES NO LIABILITY FOR ANY ACTION OR INACTION REGARDING THE POSTING, TRANSMISSION, COMMUNICATION, STORAGE, OR USE OF CONTENT PROVIDED BY ANY USER OR THIRD PARTY. HITGM ASSUMES NO LIABILITY OR RESPONSIBILITY TO ANY INDIVIDUAL, INDIVIDUALS, ENTITY, OR ENTITIES FOR THE PERFORMANCE OR NONPERFORMANCE OF THE POTENTIAL BUT NOT REQUIRED OR GUARANTEED ACTIVITIES OF HITGM OUTLINED ABOVE.
12. Confidentiality of HITGM Information
You may have access via the Sites to certain confidential information of HITGM and certain third parties that should reasonably be understood as confidential (“Confidential Information”). You agree to hold Confidential Information in strict confidence. Title to Confidential Information remains with HITGM and any third-party providers of Confidential Information. Upon termination of the Terms of Use or HITGM’s written request, you must cease use of Confidential Information and return or destroy it.
If, in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms of Use, you are required to disclose Confidential Information, then you may do so, but only to the minimum extent required and only after prior notice to HITGM adequate to afford HITGM the opportunity to object to the disclosure.
13. Indemnification by You
You agree to defend, indemnify, and hold harmless HITGM and the other HITGM Parties from and against any and all Damages arising from, incurred as a result of, or in any manner related to (i) your user contributions or other content posted by you; (ii) your use of or connection to the Sites (including any use by you on behalf of your employer and any use by third parties under your accounts); (iii) your use of Site content; and/or (iv) your violation of the Terms of Use. HITGM may participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect HITGM’s rights or obligations shall be made without HITGM’s prior written approval. HITGM reserves the right, at HITGM’s own expense and on notice to you, to assume exclusive defense and control of any such claim or action; in such case your corresponding indemnification obligation will end.
14. Advertisements and Promotions
HITGM may run advertisements and promotions from third parties on the Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers other than HITGM found on or through the Sites, 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 third party. HITGM is not responsible or liable for any damages or costs of any sort arising from or relating to any such dealings, or as the result of the presence of such non-HITGM advertisements or promotions on the Sites. Advertisers on the HITGM Sites may collect information from you while you are using the HITGM Sites in accordance with the terms of the HITGM Privacy Policy.
15. Links and Third Party Services
The Sites may contain links to other sites, applications, and resources provided by third parties. You acknowledge and agree that (a) HITGM is not responsible for the availability of such external sites or resources, (b) all links and identifications are provided solely for your convenience and for other informational purposes, and (c) HITGM does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites, resources, or medical professionals or their affiliations.
16. Information about You and Your Visits to the Sites; HITGM Privacy Policy
All information we collect on the Sites, whether submitted by you or collected automatically, is subject to our Privacy Policy, the terms of which are expressly incorporated herein. By using the Sites, you consent to all actions taken by us with respect to your information in accordance with the Privacy Policy. You agree to comply with all applicable laws and regulations, and the terms of HITGM’s Privacy Policy, with respect to any access, use, and/or submission by you of any personal information in connection with the Sites.
17. Parental Notice
Pursuant to 47 U.S.C. Section 230(d) as amended, HITGM hereby notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors.
18. General Terms
Entire Agreement. The Terms of Use and any documents expressly incorporated herein constitute the entire agreement between you and HITGM relating to their subject matter, and cancel and supersede any prior versions of the Terms of Use and any other prior or contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites. No modification to the Terms of Use will be binding on HITGM, unless in writing and signed by an authorized HITGM representative or posted by HITGM to the Sites. You may not assign, sublicense, delegate, or otherwise transfer the Terms of Use or any right granted hereunder.
Survival. Rights and obligations under the Terms of Use which by their nature should survive will remain in full effect after termination or expiration of the Terms of Use.
Equitable Relief. You agree that any material breach of the Terms of Use will result in irreparable harm to HITGM for which Damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, HITGM will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if HITGM seeks such an injunction.
No Waiver. No waiver by HITGM or failure to exercise promptly any right of HITGM under the Terms of Use will create or be deemed to create a further or continuing waiver or any expectation of non-enforcement.
Severability. If any provision of the Terms of Use is held invalid, illegal or unenforceable for any reason by any law or regulation of any government, or by any court or arbitrator, such provision shall be replaced with a new provision that accomplishes the original business purpose, or eliminated or limited to the minimum extent necessary, and the other provisions of the Terms of Use will remain in full force and effect.
Contact Information. You may send your questions regarding the Sites to the contact listed below:
contact@homeintwogolf.com
Choice of Law and Forum Selection. The Terms of Use and all matters relating hereto or to the Sites shall for all purposes be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of South Carolina, United States, without regard to conflicts of law provisions thereof. Any disputes or controversies relating to these Terms of Use shall be decided by a state or federal court serving the County of Charleston, South Carolina, United States. You expressly consent to the exercise of personal jurisdiction by such courts and agree that you will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise.
