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Terms of Membership

Golfmember.com, Inc.NEW MEMBER AGREEMENT AND SOFTWARE USE TERMS Through its Golfmember.com ("GM") Golfmember.com Software, Inc. ("GM Software") provides Golfmember.com Members a variety of tools and resources to collect Tee Time information from 'private' golf courses. This service may not be used for the sending of unsolicited email (sometimes called "spam"). The following are the terms and conditions for use of the Services. By clicking the 'I accept these terms and conditions' button on the sign-up page, you accept these terms and conditions. 1. Services and Support 1.1 The Services are provided subject to this Agreement, as it may be amended by GM, and any guidelines, rules or operating policies that GM may establish and post from time to time (the "Agreement"), including without limitation GM's email privacy policy, as linked from all email generated from GM Contact or otherwise furnished to you (the "Policy") (unless otherwise stated, all references to the Agreement shall include the Policy). By posting updated versions of the Agreement on the Service or at the Golmember.com web site, or otherwise providing notice to you, GM may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services in its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service. 1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.1.3 The Services enable Golfmember.com Members in good standing, the ability to View, Select, and Book Tee Times on Golfmember.com Select Host Private golf courses. 1.4 The Services will be subject to yearly subscription fees ("Paid Services"). Paid Services are billed yearly or pre-paid, in advance, according to the Fee Schedule provided to you by GM. The Fee Schedule, including subscriber levels and prices, are subject to change at any time. 1.5 You must complete the registration form on the Sign Up page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will identify an email address and password for your GM account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. GM reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.1.6 You will be billed yearly for Services. Payment for Services will be made by a valid credit card accepted by GM. Fees are payable in US dollars. If GM is for any reason unable to effect automatic payment via your credit card, you will be notified via email and your GM account will be disabled until payment is received. 2. Restrictions and Responsibilities 2.1 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.   2.2 You acknowledge and agree that the Services and the GM company names and logos and all related product and service names, design marks and slogans, are the property of Golfmember.com,Inc. or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of GM. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in GM or its third party suppliers, as the case may be. 2.3 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You hereby agree to indemnify and hold harmless Golfmember.com,Inc. against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although GM has no obligation to monitor your on-course behavior by you or your use of the Services, GM may do so and may limit or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing. 2.4 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights. 3. Termination 3.1 You may terminate this Agreement at any time by sending an email message to support@golfmember.com or by sending written notice to Golfmember.com,Inc. at 1758 Allentown Road, Suite 108, Lansdale, PA 19446.  You will receive a full refund for any fees paid within a twelve-month Membership period.3.2 GM may terminate this Agreement or the Services at any time with or without cause, and with or without notice. 4. Warranty Disclaimer; Remedies USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. GM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND GM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for GM to use commercially reasonable efforts to adjust or repair the Services. 5. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL GOLFMEMBER.COM,INC. OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "GM SOFTWARE") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF GM SOFTWARE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, ROVING SOFTWARE IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF GM TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE MEMBERSHIP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. 6. Export of Services or Technical Data You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.7. Miscellaneous 7.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. 7.2 GM and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy. 7.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind GM in any respect whatsoever.7.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.7.5 The Agreement shall be governed by the laws of the Commonwealth of PENNSYLVANIA, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in PHILADELPHIA,PENNSYLVANIA.

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