Last Updated: 2017-01-22
These terms of service ("Terms") apply to your access and use of ClubWorks (the "Service"). Please read them carefully.
If you access or use the Service, it means you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don't agree to all of the terms below, please do not use the Service. Also, if a term does not make sense to you, please let us know by e-mailing firstname.lastname@example.org.
We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.
Whenever we make changes to these Terms, the changes are effective 30 days after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check ClubWorks for changes to these Terms.
If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.
ClubWorks charges a 1% fee on the before-tax subtotal amount of all orders. The fee is applied regardless of whether or not the order has been fulfilled, is outstanding, or the payment method used to pay the order. All fees will be invoiced quarterly unless otherwise agreed upon in writing. A billing summary will be provided to you, showing the breakdown of orders and fees. If an order is voided, the entire fee will be credited back to you on the following invoice.
Custom development is available for clubs who require additional features and/or services. ClubWorks charges $50 per hour for custom development. All custom development fees include design, development and testing of the feature. Upon receiving a written request for a new feature, ClubWorks will issue a quote indicating approximate development time required to complete your requested feature. Upon your acceptance of the quote, a 50% down payment is due before development begins. Upon receipt of the down payment, development will begin within 14 calendar days. When development ends and ClubWorks delivers the feature, you agree to test the feature in its entirety to determine if ClubWorks completed the feature as it was defined. You agree to let ClubWorks know in writing within 30 calendar days after delivering the feature whether you accept or reject it. If you reject implementation of the feature, ClubWorks will correct any errors and again ask you to accept or reject the corrected feature, which you agree to do within 14 calendar days after receiving the corrected feature. This process shall continue until you accept the feature, or 14 calendar days have passed and you have not accepted or rejected the deliverable (at which point it will be deemed accepted). Once accepted, the remaining 50% is due.
When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service.
If you discover or suspect any Service security breaches, please let us know as soon as possible.
Our Service allows you and other users to post, link and otherwise make available content. You are responsible for the content that you make available to the Service, including its legality, reliability, and appropriateness.
When you post, link or otherwise make available content to the Service, you grant us the right and license to use, reproduce, modify, publicly perform, publicly display and distribute your content on or through the Service. We may format your content for display throughout the Service, but we will not edit or revise the substance of your content itself.
Aside from our limited right to your content, you retain all of your rights to the content you post, link and otherwise make available on or through the Service.
You can remove the content that you posted by deleting it. Once you delete your content, it will not appear on the Service, but copies of your deleted content may remain in our system or backups for some period of time. We will retain web server access logs for a maximum of 2 years and then delete them.
You may not post, link and otherwise make available on or through the Service any of the following:
Also, you agree that you will not do any of the following in connection with the Service or other users:
We put a lot of effort into creating the Service including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by Canadian and international copyright laws. We grant you the right to use it.
However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Service; (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Service or any information contained therein; (v) reverse engineering or accessing the Service in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes. If you do any of this stuff, we may terminate your use of the Service.
You may create a hyperlink to the Service. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.
ClubWorks makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.
If there is any content on the Service from you and others, we don't review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
IN NO EVENT WILL CLUBWORKS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO CLUBWORKS. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service.
These Terms constitute the entire agreement between you and ClubWorks regarding the use of the Service, superseding any prior agreements between you and ClubWorks relating to your use of the Service.
Please let us know what you think of the Service, these Terms and, in general, ClubWorks. When you provide us with any feedback, comments or suggestions about the Service, these Terms and, in general, ClubWorks, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.
Questions or comments about the Service may be directed to us at the email address email@example.com.