1. Changes to Policy
Company may modify this Policy at any time, under its discretion. Should there be any material changes to the Policy, Users shall be notified with a one (1) month notice prior to the effective date of the new policy. It shall be posted on Services and on the Company mobile application if applicable. At the beginning of each set of Policies, the effective date shall be posted. Users agree the continued access of Services after the effective date, warrants their acceptance to the modifications.
2. Information Collected and Programs Used
Company collects any information Users provide directly to Company. Certain information will be collected upon account creation, Users purchase, using interactive areas of Company Services, signing up to receive Company communications, during the request of customer support, and during any other contact or communication with Company.
Company may collect information including, but not limited to, Users legal names, addresses, purchase history, browsing history, cookie information, financial information including credit cards and banking information, email addresses, passwords, usernames, billing and shipping addresses, demographic information and any other information you choose to provide, including information that is defined as personal or personally identifiable information under any applicable law (the “Highly Sensitive Information). Users are not obligated to give Company any information. Unfortunately, Company does require some of it (marked with a red asterisk to be able to join our website.
Company may collect some information automatically when User accesses Services, this information may include:
Logging Information: Company may log information about Users use of Services including Users browser type, access times, usage data, referring/exit pages and URLs, User submitted preferences, number of clicks, pages viewed, User IP address and pages User visited immediately preceding the access of Services.
Cookies and Tracking Devices: Company uses different technology to collect information including, but not limited to, sending cookies to User computers or mobile devices. Cookies are small data files stored on Users hard drive or in Users device memory that helps Company improve Services and the User experience. Company may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser.
Web browsers generally accept cookies by default. Users may choose to set, or alter, web browser preferences to remove or reject cookies. However, this may limit and affect the functionality of Companyâ€™s Services.
Information Company Collects From Other Sources. Company may collect or obtain information from other sources and combine such information with that collected through Services.
3. Company Use and Sharing of Information
Personal Information. Company hereby warrants it will not sell any User information, including HSI, to any third party. However, in the even Company undergoes a business transaction such as a merger, acquisition by another company, or sale of all or a portion of its assets, User personal information may be among the assets transferred. User hereby acknowledges and consents that such transfers may occur and are permitted under the Terms and this Policy, and that any acquirer of Company assets may continue to process personal information as set forth in the Terms and this Policy.
Non-Personal Information. Company may use personal or non-personal information, for various purposes, including:
- To operate and improve Services;
- Provide and deliver products and services User has requested or purchased;
- To process transactions and send Users related information, including confirmations and invoices;
- Solicit feedback from Users;
- Provide technical support;
- Send Users technical notices, updates, security alerts, support and administrative messages;
- Respond to User comments, questions, and requests;
- To provide customer service;
- Communicate with Users regarding products, services, offers, promotions, rewards, and events offered by Company or Company Parties;
- Monitor and analyze trends, usage, and activities regarding Services;
- Personalize and improve Services;
- To provide advertisements, content, or features that match User profiles or interests;
- Process and deliver contest entries and rewards;
- Link or combine with information collected from others to help understand User needs and provide Users with better service; and
- Carry out any other purpose for which the information was collected as allowed under applicable law.
In general Company uses non-personal information to help improve Service and customize the User experience. Company also aggregates non-personal information in order to track trends and analyze use patterns on its Services. This Policy does not limit in any way Company’s use or disclosure of non-personal information and Company reserves the right to use and disclose such non-personal information to its partners, advertisers, third parties or affiliates, at its own discretion.
4. Protection of Information
Company implements security measures designed to protect User information from unauthorized access. However, Company urges Users to take steps to keep any information used to access Services safe by not disclosing anything personally identifiable information.
5. User Rights Regarding Use of Personal Information
Users have the right at any time to prevent Company from contacting User for marketing purposes. When Company sends a promotions communication to User, User may opt out of further promotional communication by following the unsubscribe instructions provided for at the bottom of the promotional email. User may indicated they do not wish to receive marketing communications from Company in the “Settings” section of User Account located on Service. Please note that notwithstanding the promotional preferences indicated by either unsubscribing or option out in the Settings section of the Services, Company may continue to send administrative emails regarding updates to these Terms or Policy. Company may also send weekly summaries and latest news regarding User accounts. This may include, but shall not be limited to, friendsâ€™ scores, ranking, improved positions in ranking, etc.
6. Social Media and Third Party
Company may offer options to link to Users™ or other personal or entity social media sites. These social links let Users share actions or comments regarding Company and its Services through other media. Services may contain links to third party websites, and services not operated by Company. Company does not control these services. Linked sites and social media links may be provided as a service to Users, and does not imply any endorsement of the activities or content of these sites, nor any association with its operators. Users assume any and all risks, known or unknown, now existing or existing in the future, by following a link to a linked site. For specific terms and conditions, including privacy policies of the social media sites, please visit those sites directly.
7. California Disclosure
California law allows California residents to request specific details about the disclosure of personal information to third parties for marketing purposes. Please contact Company at the address below for this request:
228 E 2nd Street. Covington, KY. 41011
8. Contact Information
228 E 2nd Street. Covington, KY. 41011
As Amended April 22th, 2016
“Company” shall refer to the company Cap Patrol LLC, a limited liability corporation registered in Kentucky, in the business of providing a website and mobile application for golfers worldwide, that gathers data from the User by posting scores, and providing interaction in social network environments with other members.
“Services” shall collectively refer to all services offered by Company including, but not limited to, access to its website and mobile application, online products, downloadable products, any and all services, and ability to purchase consumer goods and services; and
“User” shall refer to any person or entity accessing, using, or making purchases through Company Services.
2. Changes to Terms of Service and Notices
Company may modify the Terms at any time, under its discretion. Should there be any material changes to the Terms, Users shall be notified with a one (1) month notice prior to the effective date of the new terms. It shall be posted on Services and on the Company mobile application if applicable. At the beginning of each set of Terms, the effective date shall be posted. Users agree the continued access of Services after the effective date, warrants their acceptance to the modifications.
3. Service Eligibility
In order to use Services, Users must be 18 years old, or older, and have the requisite power and authority to accept these Terms. If one is under 18 years of age, such person is strictly prohibited from using Services.
People, businesses, or otherwise, may not access Services if they are a known or unknown competitor, or if they have been previously banned from Services. If you are using Services on behalf of a company, entity, or organization, then you represent and warrant you are: an authorized representative of such organization; have the requisite authority to bind the organization to these Terms; and agree to be bound by these Terms on behalf of such organization.
4. Service Permission
Company grants Users permission to use Services subject to all restrictions set out in these Terms. Use of Services is at User’s own risk, including the risk of exposure to offensive, indecent, inaccurate, objectionable, or otherwise inappropriate content.
5. Service Availability
Company provides Services to Users, and Services may be interrupted, suspended, un-secure, modified, updated, discontinued, or unavailable in particular locations. This may happen without notice from Company, and Company shall not be held liable for any problems regarding Services availability.
6. Intellectual Property
Company owns all intellectual property connected to Services, including but not limited to its website, applications, or otherwise. This shall include visual interfaces, graphic design, website design, logo, application development, interactive features, compilation, technological code, software, Company hardware, and any method of compiling or analyzing Users Content. This shall be considered Company intellectual property, which is protected worldwide by copyrights, trademarks, trade secrets, and any other applicable intellectual property rights. These rights shall apply to property now existing or that which is created in the future by Company. User may not copy, reproduce, distribute, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of Company content on Services. Such unauthorized use may violate copyright, trademark, and communication regulations.
Company shall be able to use any ideas or suggestions made by Users in their Company Services, if Company chooses to do so. User is not entitled to any remuneration of any kind, under any circumstances, for such information. Any submitted suggestion shall provide Company with complete ownership and any intellectual property rights arising therefrom. Company shall be entitled to unrestrictive use of such information.
USGA Handicap system, USGA trademark, Course Rating, and Handicap Index are registered trademarks of the United States Golf Association (“USGA”). The Cap Patrol Golf Club is licensed to use the USGA Handicap System. Only members that request to join our clubs and that live within a fifty (50) mile radius of one of our Clubs will be provided with Official Handicaps that can be used for USGA regulated events.
8. Prohibited Conduct
User hereby agrees, while using Services, not to commit any of the following actions:
Upload content or any information that could damage, disable, overburden, or impair any of Company’s servers or networks;
Attempt to gain any unauthorized access to other Users account, Company computer networks, systems or infrastructure, by any means;
Attempt to gain access to other Users accounts, for any reason;
Use data mining, robots, or other data gathering devices on or through Services;
Frame or link to the Services without express permission;
Attempt in any way to reverse engineer, decompile, interrupt, or disassemble, any part of Services or its security features;
Modify, distribute, reproduce, copy, adapt, or create any derivative work in any way, of Service;
In any way restrict other Users or persons from gaining access or creating accounts;
Use any technology or tool that automatically retrieves, alters, or combines Company content or Services;
Reverse engineer any content, Services, website, or application of Company and its Users;
Breach Company rights regarding intellectual property rights, or otherwise; or
Use the Services or content to transmit any computer viruses, Trojan horses, worms, or otherwise, that could potentially cause any damage to software or hardware of Users or Company.
9. Third Party Sites, Social Media and Embedded Content
Services may contain links, and embedded content from, third party websites, as well as services not operated by Company. Company does not control these services. Linked sites may be provided as a service to Users, and does not imply any endorsement of the activities or content of these sites, nor any association with its operators. Users assume any and all risks, known or unknown, now existing or existing in the future, by following a link to a linked site.
Examples of sites that may be linked to Company’s Services include, but are not limited to: ability to use and share photos, video, and content posted in Company website and mobile application; ability to use and share photos, video, and content in social media channels including but not limited to Facebook, Instagram, YouTube, and Twitter; embedded and ability to link YouTube videos from youtube.com; ability to use and share photos, videos and content taken in golf tournaments promoted by Company (“The Cap Patrol Tour”).
The Cap Patrol Tour is a tour where participants who are Company members play in a tournament organized by Company. Company will have photographers present, and Users hereby consent to the use of photos taken on The Cap Patrol Tour in order for Company to promote its brand in social media channels.
10. Your SPS Membership
Members will receive the benefit of “Scores Upload Service”. This service allow Users to take a picture of their scorecard and send it via e-mail or mobile application to Company’s team. The Company will then upload the score for Users. The Company hereby disclaims any responsibility from scorecard transcription that is sent to Company under the Scores Upload Services. Under no circumstances shall Company be held liable, for any loss of any kind, by User, for the failure to transcribe or error in transcription, resulting from the Scores Upload Service.
Upon registration, Users service will continue until they unsubscribe from Company Services. Users will be charged at the beginning of their cycle, starting from the date User registered with Company service. The subscription shall be charged once per month for monthly plans, and once per year for yearly plans. Membership plans are not refundable. Company reserves the right to change its prices at any time, for any reason.. Company will inform Users in advance of any price changes and Users may unsubscribe freely prior to any price increase implementation
11. Limited Liability and Disclaimers
The following information applies to the maximum extent permitted under law. User rights are not limited beyond those they are rightfully entitled to. By using Company Services, Users hereby agree to the following Terms, and Users forfeiting certain legal rights they may otherwise be entitled to you. If a User is uncertain of any of the following, it is suggested they consult a legal professional.
Availability. Company provides Services on an “as isâ€ and “as availableâ€ basis for Usersâ€™ use. Company does not guarantee Services will be available in any location for any User, or that Services will always be available at any given time. Company does not warrant Services will be uninterrupted, timely, error-free, or secure. Furthermore, it does not warrant any defects will be corrected. Company does not guarantee its website or applications will be free from viruses or other harmful components.
Security. Company makes every effort to keep its Services, Content, website, and application secure. Company accepts no liability for any loss, disruption, or damage incurred by Users to its data, computer, or software, that is a result of unauthorized access by any person who has caused a loss due to any data breach or hacking, even if such breach or hack was the mistake of Company. Users are responsible for taking their own precautions to ensure the electronic process employed for accessing Services, website, or application, does not expose them to the risk of viruses, malicious computer code, Trojan horses, worms, or otherwise, that may interfere, infect, or damage their computers, software, or data. Furthermore, Company limited liability shall extend should any Company computer, server, or software malfunction, and cause any Users any of the aforementioned losses. Company has taken precautions to prevent any malfunction, however User hereby agrees to accept full liability for any loss, of any kind, should they occur.
Software Updates. Company may make software updates to it mobile application at any given time. In order to use Services, Users may be obligated to download the updated version of the applications. Company may choose to make downloading the updated version of the application a required precedent to continued use of Services. However, Company makes no guarantees any subsequent version of an application will work on Users mobile phone or devices. Company is expressly not liable for any loss incurred due to Users inability to use Services due to the inability to use an updated version of the mobile application on their specific mobile device.
Third Party Transactions. Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Company Service, hyperlink, website, or any of its applications. Users hereby agree to hold third parties solely liable for any and all claims regarding such transactions with third parties. Any products or services purchased or otherwise acquired by a third party, are separate legal transactions solely between Users and the relevant third party, and in no way involve Company.
Limited Liability. Users assume any and all risk associated with using Companyâ€™s website, application, or Services. Company, its parents, subsidiaries, affiliates, owners, directors, officers, employees, licensors, distributors, subcontractors, sub-licensees, independent contractors, and agents (collectively known as the “Company Partiesâ€) shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, or losses of any kind. These include without limitation, loss of profits, business, goodwill, use, data, or other intangible losses, whether based in contract, tort, negligence, strict liability, or otherwise, which may be incurred in connection with the use, or inability to use, Services, including interruption, inaccuracy, error, or omission.
Disclaimer. Company expressly disclaims all warranties, express or implied, including but not limited to: implied warranties of merchantability; fitness for a particular purpose; non-infringement; warranties of title and accuracy; warranties regarding products and services offered by all businesses listed on Companyâ€™s website; and warranties in the course of dealing, performance or usage of trade.
Companys maximum aggregate amount of liability for any loss or damage a User experiences in Companys content, Services, website, application, or otherwise, shall not exceed $100.
12. Independent Relationship
Users fully understand and accept in no way do these Terms, Services, or otherwise, create a joint venture, agency, partnership, or employment relationship with Company. Company is not liable for any financial or other loss of Users in any way, on any transaction, under any circumstances. Users accept use of Company’s Services often involves financial exchange, and the Company shall bear no liability or responsibility therefor.
13. Class Action Waiver and Other Restrictions.
Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between Users and Company alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms (including the “Continuation” provision below), and without waiving either party’s right of appeal, if any portion of this “Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall sever and continue.
Users agree to indemnify, defend, and hold harmless, Company and Company Parties, from and against all: claims; injuries; damages; obligations; losses; lawsuits; attorney fees; legal fees or filing fees from any and all claims or demands made by any party related to Users use of Service, website, or applications; violations of these Terms, goods and services purchased; or misuse of User accounts. Company reserves the right to execute the exclusive defense of any issues arising out of such indemnification. Users are expressly prohibited from settling such claims without the prior written Consent of Company.
These Terms are the complete and exclusive statement and the mutual understanding of Users and Company. These Terms supersede and cancel all previous written and oral agreements and communications relating to the subject matter of these Terms. Any waivers or amendments shall be effective only if made in writing and signed by an agent of Company authorized to do so.
16. Arbitration Agreement
All claims and disputes arising under or relating to these Terms and Services are to be settled by binding arbitration in the state of Kentucky or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in commercial arbitration and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of diction.
Company’s failure to exercise, delay in exercising, any privilege, any power or any rights hereunder will not operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
19. Termination and Survival
If a User breaches Terms, or any part of the Terms, in any way, then Company may take action up to, and including, suspending Users access to Services or prohibiting them from accessing Company website or application. Company may take these actions without liability or notice to you. If a User’s account is terminated due to a breach in the Terms, Users will not be entitled to any refund of any kind. Furthermore, Users can be barred from any future use of Services.
20. Notice to California Users
Under California Civil Code Section 1789.3, users of Company Services are entitled to the following contact information: The Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs may be contacted in writing or by telephone at:
400 R Street, Suite 1080
Sacramento, California 95814
Telephone: (916) 445-1254, or (800) 952-5210
228 E 2nd Street. Covington, KY. 41011
The Cap Patrol Team