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Terms of Use

Effective Date: February 1, 2010

Welcome to the web site of GolfTripGenius.com. The following terms and conditions (the “Terms of Use”) govern your use of GolfTripGenius.com, and any content or services made available from or through GolfTripGenius.com, including any subdomains thereof (the “Web Site”). The Web Site is made available by GBT Systems, LLC (“GTG” or “we” or “us”). The term “business associates” as used in these Terms of Use means only those resorts and tour operators with whom we have an established business relationship.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE.

1. Acceptance of Terms of Use; Changes to Terms of Use.

Your use of the Web Site constitutes your acceptance of these Terms of Use. If at any time you do not wish to accept the Terms of Use, you may not use the Web Site. Any terms and conditions proposed by you which are in addition to or which conflict with these Terms of Use are expressly rejected by GTG and shall be of no force or effect.

GTG shall have the right at any time to change or modify the Terms of Use, or any part thereof, or to impose new conditions, including, but not limited to, adding or modifying fees and charges for use. Any changes, modifications, additions or deletions to the Terms of Use shall be effective immediately upon posting of the revised Terms of Use on the Web Site. Any use of the Web Site by you after posting of the revised Terms of Use shall be deemed to constitute your acceptance of such changes, modifications, additions or deletions. You should periodically review these Terms of Use. Fee changes shall only apply to new or upgraded purchases made after the effective date of such fee change.

2. Proprietary Rights; Trademarks.

As between you and us, we own, solely and exclusively, all right, title and interest in and to the Web Site, all the content (of any form or nature including, without limitation, all audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, etc. whether posted by us or you), code, data and materials thereon, the style, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Web Site, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Web Site does not grant to you ownership of any of the foregoing that you may access on or through the Web Site. If you make other use of the Web Site, or the content, code, data or materials thereon or available through the Web Site, except as otherwise provided above, you may violate copyright and other laws of the United States or other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

The trademarks, logos, service marks and trade names displayed on the Web Site are registered and unregistered trademarks of GTG and its business associates (collectively the “Trademarks”) and use of such Trademarks is strictly prohibited without the express written permission of GTG or the respective Trademark owners. Without limiting the generality of the foregoing, you shall not use the Trademarks in any manner that disparages or discredits GTG or the respective Trademark owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site.

3. Registration; Permitted Use; Limitations.

You must register to use the Web Site. If you are registered as a trip captain for a golf trip, or are acting on behalf of a trip captain, you understand that your use of certain premium services available on this Web Site are subject to payment by you of the applicable fees. You are responsible for maintaining the confidentiality of your account information (including, without limitation, your user name and password) and you agree to accept responsibility for all activities that occur under your account. Use of the Web Site is only for your personal, non-commercial use. You may terminate your registration by sending a message to info@GolfTripGenius.com.

Any commercial or promotional distribution, publishing or exploitation of the Web Site, or any content, code, data or materials on the Web Site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of GTG. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Web Site. You further agree that, except as permitted for user posts on certain designated areas of the Web Site, you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Web Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices.

4. Fees and Payment.

If you purchase any paid or premium services through the Web Site, you agree to pay all applicable fees associated with your account. GTG will automatically charge your credit card or PayPal® account for all applicable fees. Unless otherwise expressly stated in these Terms of Use, all fees and charges are nonrefundable.

5. User Conduct.

You will not:
- impersonate any person or entity or misrepresents your affiliation with any other person or entity;
- attempt to gain unauthorized access to other computer systems through the Web Site;
- obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means, including, without limitation, accessing fee-based services through a free account;
- use the Web Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Web Site;
- use the Web Site in violation of GTG’s or any third party’s intellectual property or other proprietary or legal rights; or
- use the Web Site in violation of any applicable law.

We cannot and do not assure that other users are or will be complying with the foregoing rules of conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

6. Submission of Materials.

Unless specifically requested, we will not solicit, nor do we wish to receive, any confidential, secret or proprietary information or other material from you through the Web Site, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (“Submitted Materials”) will not be deemed to be confidential or secret, and may be used by us and our business associates in any manner. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) grant us and our affiliates and business associates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including, without limitation, for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

7. Privacy.

In the course of your use of the Web Site you may provide certain personalized information to us as part of the registration process or otherwise in the course of using this Web Site, including, without limitation, your name, phone number, email address, details concerning golf trip schedules, and similar information concerning your participation in the applicable trip (such information referred to hereinafter as “User Information”). GTG’s information collection and use policies with respect to the privacy of such User Information are set forth in our privacy policy located at http://www.golftripgenius.com/privacy-policy(“Privacy Policy”). You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.

8. Linking to the Web Site.

You are not permitted to link directly to any image hosted on the Web Site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another web site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time.

9. Indemnification.

You agree, at your own expense, to indemnify, defend and hold harmless GTG and its affiliates and subsidiaries and its and their respective directors, officers, shareholders, employees, representatives, business associates, suppliers and agents (“Indemnified Parties”), against any claim, suit, action or other proceeding brought against any Indemnified Party arising out of content that you submit, post to or transmit through the Web Site, your use of the Web Site, your connection to the Web Site, your violation of the Terms of Use or applicable law, or your violation of any rights of a third party. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. In connection with any such claim, GTG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with GTG’s defense of such claim.

10. Advertisements, Searches and Third Party Web Sites.

GTG may provide links to third-party web sites through the Web Site. We do not recommend and do not endorse any such third parties or the content on any third party web sites. GTG is not responsible for the content of linked third-party web sites, sites framed within the Web Site, third party web sites provided as search results, or third party advertisements; and GTG does not make any representations or warranties regarding their content, accuracy, compliance with state or federal law, compliance with copyright or other intellectual property laws, or protection of any personally identifiable information provided to such third parties. Your use of third party web sites is at your own risk and subject to the terms and conditions of use and privacy policies for such web sites. GTG does not endorse any product, service, or treatment advertised on the Web Site.

11. Notice of Content Removal Procedure; Copyright Agent.

Copyright owners may report alleged infringements of their works that are posted on the Web Site by sending to GTG’s authorized agent a notification of claimed infringement that satisfies the requirements of the Digital Millennium Copyright Act (“DMCA”), including the following information:

Identification of the material that you believe to be infringing and its location.
- Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.

Upon GTG’s receipt of a satisfactory notice of claimed infringement for such works, GTG will respond expeditiously to remove the allegedly infringing work(s).

Copyright owners may send GTG a notification of claimed infringement to report alleged infringements of their works to:

GBT Systems, LLC
Attn: Michael Zisman
311 Orchard Way
St. Davids, Pennsylvania 19087
Facsimile: 267 200 0130
Email: mike@golftripgenius.com

Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to GTG, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.

If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to GTG. Upon GTG’s receipt of a counter notification that satisfies the requirements of DMCA, GTG will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, you expressly agree that GTG will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

12. DISCLAIMER OF WARRANTIES.

THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS PROVIDED THROUGH THE WEB SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GTG DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES WITH RESPECT TO TITLE, NON-INFRINGEMENT, UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OF CONTENT OR INFORMATION. FURTHER, WE MAKE NO WARRANTY THAT THE WEB SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY CONTENT OF ANY KIND FROM THE WEB SITE.

WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEB SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEB SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN A GTG AUTHORIZED REPRESENTATIVE WHILE ACTING IN THEIR OFFICIAL CAPACITIES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEB SITE.

13. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES SHALL GTG OR ITS AFFILIATES AND SUBSIDIARIES, OR ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, BUSINESS ASSOCIATES, SUPPLIERS, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE DAMAGES OR EXEMPLARY DAMAGES, UNDER ANY THEORY OF LAW (INCLUDING, WITHOUT LIMITATION, CONTRACT OR IN TORT) ARISING IN ANY WAY OUT OF YOUR USE OF THE WEBSITE, THE PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, THE ACTS OR OMISSIONS OF ANY THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, ANY BUSINESS ASSOCIATES) OR THE SERVICES OR CONTENT OF THE WEBSITE, EVEN IF GTG IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall GTG’s total liability to you for any damages, losses and causes of action exceed the amount paid by you, if any, for using the Web Site in connection with the trip for which you are seeking damages.

IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE IF GTG IS UNABLE TO REPAIR THE WEB SITE TO YOUR SATISFACTION.

14. Termination of Access and Use.

We may terminate, change, suspend or discontinue any aspect of the Web Site or the Web Site’s services at any time. We may restrict, suspend or terminate your access to the Web Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability.

15. Access Outside of the United States.

GTG is based in the Commonwealth of Pennsylvania, in the United States of America with principal offices in St. Davids, Pennsylvania. GTG makes no claims that the Web Site or any of its content are appropriate or may be downloaded or accessed outside of the United States. Access to the Web Site may not be legal by certain persons or in certain countries. If you access the Web Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

16. Applicable law and Jurisdiction.

These Terms of Use are governed by the internal laws of the Commonwealth of Pennsylvania, applicable to contracts entered into by residents of Pennsylvania and fully performed in Pennsylvania. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms of Use. If any provision of these Terms of Use is found to be invalid, illegal or unenforceable by any court having competent jurisdiction, the validity, legality and enforceability of any such provision in every other respect and of the remaining provisions contained in these Terms of Use shall not be in any way impaired thereby, it being intended that all of the rights and privileges of the parties hereto shall be enforceable to the fullest extent permitted by law. If any court determines that any of the provisions of these Terms of Use, or any part thereof, are unenforceable for any reason, such provision shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. All parties to these Terms of Use waive their respective rights to a trial by jury. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

17. Jurisdiction.

You expressly agree that exclusive jurisdiction for any dispute with GTG, or in any way relating to your use of the Web Site, resides in the state and federal courts of the Commonwealth of Pennsylvania and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts located in the Commonwealth of Pennsylvania in connection with any such dispute involving GTG or its affiliates and subsidiaries, and its and their respective directors, officers, shareholders, employees, representatives, business associates, suppliers and agents.

18. Arbitration.

You agree that GTG may elect to resolve any controversy or claim arising out of or relating to these Terms of Use by binding arbitration in accordance with the rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated in Philadelphia, Pennsylvania on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. You and GTG shall each pay an equal portion of the arbitration fees and costs.

19. Notices.

Except as explicitly stated otherwise, any notices shall be given by email to info@GolfTripGenius..com (in the case of GTG) or to the email address you provided to GTG during your registration, or such other address as either party may specify. Notice shall be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid or that the message was otherwise returned as undeliverable. Such emails shall satisfy any legal requirement that communications be made in writing.

These Terms of Use were last updated on February 1, 2010

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