TERMS & CONDITIONS
Golf
Rewards Network™ Terms and Conditions
Welcome! Golf Rewards
Network™ provides a safe and easy way to start your own
home-based golf business. Before you enter the Golf
Rewards Network™ website ("Site") or use any of the Golf
Rewards Network™ services, it is important that you
carefully review the terms and conditions set forth
below ("Terms"). In addition, specific pages on the Site
may set out additional terms and conditions, all of
which are incorporated by reference into the Terms. The
Terms may be changed or updated at any time without
notice, but you can always find the most recent version
on this Site. Please refer to this Site periodically for
any changes.
By
entering and using the Site, you acknowledge that you
have read the Terms and that you agree to be bound by
them. Acceptance of the Terms creates a binding legal
agreement ("Agreement") between you and Golf Rewards
Network™ that you will use the Service consistent with
the Terms. If you have questions about the Terms, please
contact us at support@golfrewardsNetwork.com. Your use
of the Site and its services (collectively the
"Service") is subject to your compliance with the Terms.
If you do not agree with the Terms, do not proceed to
access the Site or use the Service.
1.
Service:
The
Service consists of the features, products, functions,
services, and content provided by Golf Rewards Network™,
as well as the features, products, functions, services,
and content provided by third parties through the Site.
2.
Affiliate Membership:
An
"Affiliate" is a person (i) who is at least 18 years of
age, (ii) who is legally capable of agreeing to, and has
agreed to, the Terms, (iii) whose name, e-mail address,
and required account information have been provided to
Golf Rewards Network™ and are recorded on Golf Rewards
Network™'s records as the person responsible for a
specific Golf Rewards Network™ user account or those
using the Member's account, and (iv) who uses the
Services. You will be referred to as a "Affiliate",
“Member” or your account referred to you as a Golf
Rewards Network™ "Affiliate Membership." Before you can
use the Service, we will ask you to provide a valid
credit card number (including expiration date and
billing address). This will allow us to efficiently
facilitate charges associated with your purchase of a
Service.
Members can gain access to member-only sections of the
website upon joining by paying current Membership fees
(see website for details) and purchase products or
services through the site. Members also receive their
own unique email (eg.
jason@hudgolf.com) and a URL (eg.
www.hudgolf.com) that forwards to a personal page on
the
www.golfrewardsnetwork.com website. 25MB of email
storage space is provided at no cost. Additional
storage space may be purchased for a fee (see website
for current pricing). These options and fees are listed
on the www.GolfRewardsNetwork™.com site. Fees and
storage space capacity may be changed at any time
without notice.
3.
Payment Fees, Terms, and Product Availability:
a)
Fees / Charges / Taxes: Fees for any Golf Rewards
Network™ Service shall be determined by a Golf Rewards
Network™ price list, which may be amended from time to
time. You are responsible for the payment of all fees,
charges, and taxes accrued on your Member account under
this Agreement. All fees and charges will be at the
rates in effect at the time the charges were incurred.
Charges incurred under this Agreement may include
charges related to use of the Service, as well as
charges related to goods and services provided by third
parties but acquired through the Service. Member will
not be entitled to any credits, rebates, or refunds for
times when the Service is down or otherwise unavailable.
b)
Cost of ancillary computer equipment and services: Each
Member is responsible for and must provide all computer,
telephone and other equipment and services necessary to
access the Service. In addition, Members are responsible
for any access charges incurred through on-line
services, telephone companies, or Internet service
providers used in obtaining access to the Service.
c)
Payment Terms: All charges incurred for use of the
Service will be paid at the time the Service is
purchased. If at any time a credit card charge, or
payment check is refused, Golf Rewards Network™ may, at
its sole discretion, suspend this Agreement, but you
will still be responsible for all charges incurred. If
any payment becomes more than 90 days overdue by the
Member, then Golf Rewards Network™ may, in addition to
its other remedies, at its sole discretion and without
notice to the Member, (i) suspend its performance under
this Agreement and the Member's access to and use of the
Service, or (ii) terminate this Agreement and Member's
access to and the use of the Service.
d)
Availability: Service availability, Product availability
and offers are subject to change without prior notice.
We reserve the right to make changes without notice due
to market conditions, manufacturer or supplier product
discontinuation, or typographical, photographic or
technical errors in on-line or print advertising.
e) Duplicate use of certificates: Many products or
services purchased through the Golf Rewards Network™
involve the transmission of an electronic certificate to
be used at the time of redemption. It is the purchasing
Members sole responsibility to protect the certificate.
If multiple copies of the certificates are redeemed, the
purchasing Member is responsible and will be charged per
redemption.
f) The Golf Rewards Network™ has established
affiliate-type relationships with third party companies
to provide products and services for members. Purchase
of products or services through these third party
companies (including but not limited to equipment and
travel) are agreements between you and them and any
resolutions (eg. returns, cancellations) are to be
completed between Member and third party company.
4.
Use of Services:
Use
of particular Services is set forth on specific pages of
the Site, and is at the sole discretion of Golf Rewards
Network™. A Member must notify support@GolfRewardsNetwork.com
promptly by e-mail or telephone regarding the theft or
loss of any Member name, password or certificate.
5.
Member Conduct; Prohibited Content:
a)
Members will receive a private URL and email address.
Unsolicited communication (aka spam) by an Affiliate for
any reason (including to recruit new Affiliates) is
strictly prohibited and will result in termination of
the member account including loss of their accumulated
affiliate network. In such case, the situation will be
reviewed by Golf Rewards Network™ Compliance Department
and Affiliate will be made of aware of any such ruling
and have the right to appeal prior to final
termination.
b)
Except as permitted under this Agreement, you may not
reproduce, distribute, transmit, publish, transfer, or
commercially exploit any material available on or
through the Service. All promotional materials and
products promoting Golf Rewards Network™ must be
purchased through Golf Rewards Network™ including (but
not limited to): brochures, business cards, logo’d
promotional merchandise.
c)
You acknowledge that it is Golf Rewards Network™'s
policy to cooperate with law enforcement agencies
investigating illegal or improper activities relating to
the Service.
6.
Third Party Software:
As a
convenience to our Members, we may make third-party
software available through the Service. To use the
third-party software, you must agree to the terms and
conditions imposed by the third party provider and the
agreement to use such software will be solely between
you and the third party provider. By downloading third
party software, you acknowledge and agree that Golf
Rewards Network™ does not guarantee that any software
downloaded through the Service will be free of viruses,
worms, or Trojan horses or other forms of corruptive
code. Golf Rewards Network™ makes no representations or
warranties concerning the performance, effectiveness or
any other aspect of any third-party software downloaded
through the Service. In no event shall Golf Rewards
Network™ (including its officers, directors, employees,
affiliates and agents) be liable for claims of any
nature, whether direct or indirect, arising from or
related to any third-party software downloaded through
the Service.
7.
Privacy Policy:
We
protect and use your personal information as set forth
in our Privacy Policy.
8.
Copyrights:
a)
License to Golf Rewards Network™: As a condition to your
Membership, you hereby grant Golf Rewards Network™ a
perpetual, universal, nonexclusive right to copy,
display, modify, transmit, make derivative works of and
distribute any Content transmitted or provided to the
Service by you, solely for the purpose of providing the
Service. Members may not duplicate the Golf Rewards
Network™ logo or promotional materials without the
express written consent of Golf Rewards Network™.
9.
Indemnity:
YOU
AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS GOLF
REWARDS NETWORK™ (INCLUDING ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SUPPLIERS AND
ANY THIRD-PARTY INFORMATION PROVIDERS TO THE SERVICE)
FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND
COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING
FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY
RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL
CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE
SERVICES USING YOUR ACCOUNT.
10.
Limited Warranty:
a)
Exclusive Remedy: ANY SERVICE AVAILABLE THROUGH THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
b)
Disclaimer: EXCEPT FOR THE ABOVE EXPRESS LIMITED
WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW,
GOLF REWARDS NETWORK™ EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. GOLF REWARDS NETWORK™ MAKES NO
WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED
IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE, (II) THE SITE OR SERVER ARE OR WILL BE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) THE
SERVICE, SITE OR CONTENT PROVIDED WILL MEET YOUR
REQUIREMENTS. GOLF REWARDS NETWORK™ MAKES NO WARRANTIES
OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, SERVICES,
PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR
SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED
THROUGH GOLF REWARDS NETWORK™'S SITE OR THAT ARE
ADVERTISED ON GOLF REWARDS NETWORK™'S SITE. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
11.
Limitation of Liability:
YOU
EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST
EXTENT PERMITTED UNDER LAW, GOLF REWARDS NETWORK™ WILL
HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT
LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING
WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE,
EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS FOREGOING LIMITATION APPLIES TO DAMAGES
ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE;
(ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES;
(iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH
THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
12.
Termination:
a)
Termination by Golf Rewards Network™: You acknowledge
and agree that Golf Rewards Network™, in its sole
discretion, may terminate your Membership (or any part
thereof) or use of the Service, or suspend access to the
Service, and remove and discard any Content including,
but not limited to, any and all information, and
communications at any time, with notice, for any
reason. You also acknowledge and agree that Golf
Rewards Network™ shall not be liable to you or any
third-party for any termination of your access to the
Service.
b) Termination By Member: You may
terminate this Agreement at any time.
Such
termination must be in writing and submitted via
delivery confirmation postal mail to GOLF REWARDS
NETWORK LLC, 574 PRAIRIE CENTER DRIVE, STE 185, EDEN
PRAIRIE, MN 55344.
Upon
receipt of your written notice, Golf Rewards Network™
will terminate your account.
c)
Continuing Obligations After Termination: Termination or
suspension of an account does not relieve you of any
obligations you have accrued, including payment of any
charges due in connection with an account. You are
responsible for payment of all such charges.
13.
Choice of Law:
The
state and federal courts of Minnesota shall be the
exclusive forum and venue to resolve any and all
disputes arising out of or relating to these Terms and
Conditions. You consent to personal jurisdiction and
venue by the state and federal courts of the State of
Minnesota.
14.
Modification of Terms:
You
agree that Golf Rewards Network™ reserves the right to
amend the Terms at any time, for any reason, and without
notice, including the right to terminate the Service or
any part of the Service. Any amendments or modifications
made by Golf Rewards Network™ shall be prospective only.
15.
Entire Agreement:
a)
These Terms constitute the entire agreement between you
and Golf Rewards Network™ and govern your use of the
Service, superseding any prior agreements between you
and Golf Rewards Network™. In the case of a conflict
between these Terms and information included in off-line
materials, (e.g., promotional materials), these Terms
will always control. You may also be subject to
additional terms and conditions that may apply when you
use affiliate services, third-party content or
third-party software.
b)
The failure of Golf Rewards Network™ to exercise or
enforce any right or provision of the Terms shall not
constitute a waiver of such right or provision. If any
provision of the Terms is found by a court of competent
jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision,
and the other provisions of the Terms remain in full
force and effect.
c)
You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or
related to use of the Service or the Terms must be filed
within one (1) year after such claim or cause of action
arose or be forever barred.
16.
Reporting Violations:
You
can report abuse of these Terms to
support@golfrewardsNetwork.com. All reported
violations will be investigated by the Golf Rewards
Network™ compliance department.
17.
Definition of Terms:
An
“active” Affiliate is one who has paid their current
month’s membership fee.
18.
Affiliate Commissions:
An
active Affiliate qualifies for (i) a 2% year end cash
back bonus on ALL tracked personal spending made through
the Golf Rewards Network™; (ii) a $20 commission from
new referred Affiliates first month’s website fee; (iii)
5% of tracked personal spending made by referred
Affiliates with the exception of travel. Note that
travel does not qualify for the 5% commission due to the
low margins in that industry. Also note that Affiliate
must be “active” in December and must have been active
consecutively in all month’s since joining to qualify
for the year end 2% cash back bonus.
19.
Founding Membership:
One
hundred (100) “Founding Memberships” will be made
available at a higher cost and include the following
benefits: (1) Founding Members receive placement of 1%
of non-referred new Members into their Affiliate
Organization for as long as they remain an active
member; (2) 50% reduction of Golf Rewards Network™
seminar fees; (3) Invitation to play free golf with Golf
Rewards Network™ Executive Management team. Founding
Members must still pay the current monthly membership
fee to remain active and continue to qualify for the
above mentioned benefits for as long as they remain
active. Note that in rare cases, non-referred Members
may be found through investigation that they were in
fact referred by a current Golf Rewards Network™
Member. In such case, the full investigative report
will be provided to the Founding Member and the
Affiliate will be moved to the referring Member’s
organization. A Founding Member inactive for more than
3 months (quantified as going 3 months without paying
their monthly membership dues) will forfeit their
membership and accumulated Affiliate organization and
Golf Rewards Network™ reserves the right to resell that
position. A non-referred new Member is defined as one
who signs up with Golf Rewards Network™ by any means
other than being directly referred by a current
Affiliate. Founding Membership pricing is set by
Executive Management and subject to change without
notice. Founding Members may transfer or re-sell their
membership as desired.
If you do not agree to the Terms of Use, discontinue
using the site immediately. |