Effective as of February 1, 2017
This Site has a membership subscription component, whereby you may become a Member having access to premium Content and certain other privileges not generally available to non-Members. In subscribing for membership, you are required to provide accurate information including name, email, payment method, and other information requested. You agree to update your contact information on the Site, within fifteen days of any change. You have the right to cancel your membership subscription within thirty days after you sign up as a Member.
Your membership will be automatically renewed for successive annual terms, and as such, we have a recurring payment system for which you must provide us with accurate and up-to-date billing information. The Company may change the subscription rates for membership from time to time, but will notify you of any increase in rates prior to billing you for an additional period. If you are a Member and the Company is unable to charge the subscription amount by the payment method given, the reserve the right to suspend or terminate your membership (and access to the privileges of being a Member) if not resolved in a timely fashion.
Your Account; For Personal Use Only
You must contact Kelvin Miyahira Golf™ immediately if you believe there may be unauthorized usage of your account, including, but not limited to unauthorized use of your password and/or login information.
Forum(s) and Other Discussion Areas; Posting and Conduct Restrictions.
As part of the Services provided for Members, we expect to include one or more “Forums” or discussion groups or areas, to allow Members to discuss and engage in communication about various golf topics. A forum or discussion area may be on the Site or on a third-party website.
Members using the Forum(s) or other discussion groups or other public areas of the Site are solely and completely responsible for their own messages, and you are solely responsible for any material that you post, upload, or link to the Site and any other activity that occurs while signed into or while using your account. You may not use another Member’s or other user’s account to impersonate another person or entity, or otherwise hide or deceive as to the origin of any postings.
By posting, uploading, or linking any material on or to the Site (whether in connection with a forum discussion group, in connection with Services, or otherwise), you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such material and your name, voice, and/or likeness as contained in your material, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site.
Your permission to use the Site is conditioned upon the following use and conduct restrictions, and you agree that you will not:
- post any information that is false, abusive, threatening, obscene, defamatory, libelous, malicious, profane, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the Site or any Service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- provide false or inaccurate information when registering or using an account;
- interfere or attempt to interfere with the proper functioning of the Site;
- make any automated use of the Site, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot-exclusion headers or other measures that we may take to restrict access to the Site or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data;
- submit content that is copyrighted or subject to third-party proprietary rights, including privacy, publicity, or trade secret rights or the like, etc., unless you are the owner of such rights or have the appropriate permission from the owner to submit such content; or
- post, publish, or link to malicious content intended to or that may damage, disrupt, or impair another user’s browser or computer or other electronic equipment.
Furthermore, you indemnify the Company and/or its affiliates for any and all claims resulting in any way from any material uploaded or posted by you in any manner. Members are completely responsible for their own actions and material and/or content submitted in any manner to the Forum or Site. Further, you will hold harmless the Company for libelous, slanderous, illegal or offensive material or statements posted or submitted by you to a Forum or the Site.
The Company reserves the right in its sole discretion to remove any posting or other submission from the Site. In addition, we reserve the right to ban certain Members for inappropriate behavior or use and terminate their subscription as Members and/or access with or without prior notice.
You acknowledge and agree that we and our licensors retain ownership of all intellectual-property rights of any kind related to the Site, including applicable copyrights, trademarks, and other proprietary rights. Other product and business names that are mentioned on the Site may be trademarks of their respective owners. Our Site may contain our service marks or trademarks as well as those of affiliates or other companies, in the form of words, graphics, and logos. Your use of our Site does not constitute any right or license for you to use such service marks or trademarks, without the prior written permission of the corresponding service mark or trademark owner. Our Site is also protected under international copyright laws. The copying, redistribution, use, or publication by you of any portion of our Site is strictly prohibited. We reserve all rights that are not expressly granted to you under this Agreement.
Links to Other Websites or Materials
As part of the Site, the Company may provide convenient links to third-party website(s) (“Third-Party Sites”) as well as applications, software, or other items or content belonging to or originating from third parties (the “Third-Party Content”). These links are provided as a courtesy. The Company has no control over and no responsibility for Third-Party Sites and Third-Party Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Third-Party Content. Such Third-Party Sites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third-Party Sites accessed through the Site or any Third-Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or any other policies or aspects of, or matter contained in, the Third-Party Sites or the Third-Party Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Content does not imply approval or endorsement thereof by the Company. If you leave the Site and access the Third-Party Sites, or access or use any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any other site to which you navigate from the Site or relating to any applications you use or install from any other site.
Online Content Disclaimer
Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Those authors are solely responsible for their content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither does the Company adopt nor endorse, nor is the Company responsible for the accuracy or reliability of any opinion, advice, or statement made by persons other than the Company. The Company takes no responsibility and assumes no liability for any material that you or any other user or third party posts to or sends over or through the Site. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or transmitted to users.
NO REPRESENTATION OR WARRANTY
THE SITE IS PROVIDED “AS IS,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SITE OR ITS CONTENT AND ANY SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT, AND THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR THEIR PRINCIPALS, DIRECTORS, OR EMPLOYEES, OR LICENSORS, LICENCEES, OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS OR USE, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER MATERIAL; (B) YOUR USE OR INABILITY TO USE THE SITE; (C) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Certain Copyright Matters
(a) The Company respects the intellectual-property rights of others and requests that users do the same. The Company may limit or terminate access or certain usage rights for participants or users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.
(b) If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on the Site infringe upon your copyrights, you may submit a notification pursuant by sending the following information in writing to the Company’s designated copyright agent at contact@KelvinMiyahiraGolf.com:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If any part of this Agreement is held invalid or unenforceable, that portion of this Agreement will be deemed modified and construed consistent with applicable law and as closely as possible to the original intent of that portion of this Agreement. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
Except with respect to any claims pertaining to the intellectual property rights of the Company, in cases of any disputes that cannot be resolved informally, you and the Company agree to arbitrate all disputes and claims, including the interpretation and scope of this provision, and the arbitrability of the dispute or claim. Arbitration shall be conducted in accordance with the procedures and rules of the American Arbitration Association, in Palm Beach County, Florida. Enforcement of any arbitration award may be made through courts in any jurisdiction. BY AGREEING TO RESOLVE DISPUTES THROUGH ARBITRATION, YOU AND THE COMPANY EACH AGREE TO UNCONDITIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR COURT.
YOU AND THE COMPANY AGREE THAT ANY CLAIMS BROUGHT BY YOU OR THE COMPANY WILL BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND WILL NOT BE BROUGHT AS A CLASS, REPRESENTATIVE, COLLECTIVE OR PRIVATE ATTORNEY GENERAL ACTION. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. You and the Company agree to seek only such relief — whether in the form of damages, an injunction, or other non-monetary relief — as is necessary to resolve any individual injury that either you or the Company have suffered or may suffer. In particular, if either you or the Company seek non-monetary relief, such relief must be individualized and may not affect individuals or entities other than you or Company. This requirement that claims be brought in binding arbitration only in an individual capacity and not as a representative, private attorney general, or class member (“Class Action Waiver”) is non-severable. If the Class Action Waiver is found to be unenforceable, then the entirety of this dispute resolution provision shall be null and void.
Service of process upon the Company or any of affiliates or their respective principals, directors, officers, employees, agents, or other representatives, may not be made through the Site’s e-mail and messaging system(s), and such communications will not constitute legal notice to the Company or any of its principals, officers, employees, agents, or other representatives in any situation where formal notice to the Company is required by agreement or any law or regulation.
Copyright © 2017 by KMJH Ventures LLC