IDEALGOLFER.COM : TERMS & CONDITIONS
1. Eligibility and Acceptance of Terms.
You must be 18 years old and able to form a legally binding contract to be eligible to use iDealGolfer.com’s services. IDealGolfer.com reserves the right to cancel, suspend, or temporarily deactivate unconfirmed or inactive accounts or accounts that violate any of these Terms and Conditions. IDealGolfer.com reserves the right to refuse service to anyone, for any reason, at any time.
References to “content” herein refer to all aspects of the Site, including but not limited to all products, software, and services offered via the Site, as well as all text, images, photos, video, audio, source code, articles, design, and all other forms of data or communication created, posted, displayed, or transmitted by or onto the Site.
By using this Site, you agree to comply with all of the Terms hereof. The right to use this Site is personal to you and is not transferable to any other person or entity.
You agree that: (1) you will provide a valid email address and select a secure and confidential password upon registration with the Site; (2) in your use of our services, you will maintain and contribute decent and appropriate conduct and content at all times; (2) you will take all appropriate measures to keep your password secure and confidential and to keep your account information updated and accurate; (3) you will notify us immediately of any unauthorized use of your account; and (4) IDealGolfer.com will not be held liable for any loss or damage incurred as a result of use of the service.
You understand that IDealGolfer.com is not the seller of the goods and services advertised on the Site. IDealGolfer.com is a service provider and transaction handler for third party merchants (“Merchants”) IDealGolfer.com offers vouchers that can be redeemed in connection with the purchase of goods or services from the Merchant. The Merchant, not iDealGolfer.com, is the seller and provider of the goods and services.
IDealGolfer.com is not the agent of any Merchant and takes no responsibility for the services or products for which IDealGolfer.com vouchers may be redeemed. IDealGolfer.com makes no warranty as to the quality, safety, usability, or other aspect of the product or service for which IDealGolfer.com vouchers are redeemed. Some services for which IDealGolfer.com vouchers can be redeemed may involve activities that involve potential bodily harm. IDealGolfer.com is not liable for any costs, harm or damages that occur as a result of, either directly or indirectly, these, or any other service or activity offered. You are responsible for your own actions in utilizing the services for which IDealGolfer.com vouchers can be redeemed.
You acknowledge that sometimes there may be interruptions in service or events that are beyond the control of IDealGolfer.com, and IDealGolfer.com shall not be responsible for any data lost while transmitting information on the Internet. While it is iDealGolfer.com’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason, including without limitation for routine maintenance.
IDealGolfer.com shall have the right at any time to change or discontinue any aspect or feature of iDealGolfer.com, including, but not limited to, content, hours of availability and equipment needed for access or use.
2. Modification of Terms.
You shall be responsible for obtaining and maintaining all Internet access, telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. IDealGolfer.com shall not be liable for any damages to the End User's equipment resulting from the use of this Site.
4. Use of the Site.
Subject to the restrictions in these Terms, IDealGolfer.com hereby grants you permission to use the Site and access its services solely for your individual and personal use and as intended through the normal functionality of the Site and its service.
Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site you are NOT receiving a license or any other rights from us, including intellectual property or other proprietary rights of IDealGolfer.com or any of our users. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY IDEALGOLFER.COM PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS. We reserves all rights not expressly granted, in and to the Site, its content and Service.
Use of the Site and its services is void where prohibited.
5. Restrictions on Use.
IDealGolfer.com reserves the right to modify, suspend, or discontinue access to its services for any reason, including but not limited to a violation of any of the restrictions below.
In your use of the IDealGolfer.com Site and service you agree that you will not:
a. Use the Site or its service for any phishing, spoofing, illegal or fraudulent activity or to violate laws in your jurisdiction;
b. Exploit the Site or its service to access unauthorized information;
c. Use the Site for any commercial or promotional activities or sales efforts without prior written consent from us;
d. Copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content of the Site, in whole or in part, without our prior consent;
e. Use the Site or its service to attack, threaten violence, stalk, harass, incite, harm, or intimidate any other user, person or organization, or to engage in any other threatening behavior;
f. Transmit or post any material that is abusive, harassing, tortuous, defamatory, vulgar, pornographic, obscene, libelous, fraudulent, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, for example, any materials containing slurs, hate speech or which attack an individual or group on the basis of race, color, religion, national origin, or sexual preferences;
g. Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam (sending the same message multiple times or to multiple people will be treated as spam), chain letters, contests, pyramid schemes, surveys, or any other form of solicitation or mass messaging, whether commercial in nature or not;
h. Knowingly transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
i. Use the Site to solicit information from minors or to harm or threaten to harm minors;
j. Engage in or contribute to any wrongdoing that may create any liability for IDealGolfer.com;
k. Use the Site in a manner that, or post to the Site any material that infringes or violates any third party rights including breach of confidence, copyright, trademark, patent, trade secret, moral rights, privacy rights, right of publicity, or any other intellectual property or proprietary right;
l. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
m. Interfere with or disrupt or attempt to disrupt the Site or servers or networks connected to the Site, or cause excessive traffic demands on the Site’s technology infrastructure, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or our services;
n. Engage in the unauthorized use, copying, or distribution of any of the Site’s content;
o. Circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein;
p. Reverse engineer any portion of the Site, except as may be permitted by law;
q. Process, collect or record user information or Site content, or otherwise access the Site without the Company’s permission, using automated means, such as but not limited to robots, spiders, scrapers, or site search/retrieval applications;
r. Contribute content that contains restricted access mechanisms, hidden content of any kinds, or utilize SQL injection or cross site scripting methods;
s. Use the Site or any content to transmit any computer virus, worm, defect, Trojan Horse, or any other item of a destructive nature;
t. Upload any virus or malicious code.
6. Your content.
By posting content to the Service, you also hereby represent and warrant that you have the right to post that content and to grant the foregoing rights to iDealGolfer (and its affiliates and sub licensees).
You take sole responsibility for all content that you post on the Site and the consequences of posting that content. You are responsible for obtaining all necessary rights to upload, post and distribute all content, including obtaining permission from any person shown in a photo that you upload or that is identified in any writing that you post.
WE MAKE NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED TO OR FROM THE SITE. You acknowledge that any content you post on the Site is a public and not private communication. Others may read and view your communications without your knowledge. We do not control or endorse the content, messages or information posted by third party users. We will not be liable for the privacy of any of your or any other third party postings to the Site and specifically disclaim any liability resulting from such postings and communications, including any objectionable content.
8. Copyright and Trademarks.
Everything located on or in this Site is the exclusive property of iDealGolfer.com or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF AVID MEDIA VENTURES, INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sounds. IDealGolfer.com owns the selection, coordination, arrangement and enhancement of such content, as well as in the content created by IDealGolfer.com. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download, print, or save iDealGolfer.com material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of IDealGolfer.com and owners is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. IDealGolfer.com, the IDealGolfer.com logo, and other names, logos, icons and marks identifying IDealGolfer.com products and services are property of Avid Media Ventures Inc.
9. DMCA Notice.
Pursuant to the Digital Millennium Copyright Act (DMCA), Title 17 of the U.S. Code, Section 512, IDealGolfer.com has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to our designated copyright agent:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
e. A statement that the complaining party has 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
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows: iDealGolfer Attn: DMCA Complaints 1825 W. Walnut Hill Ln, Ste 106 Irving, TX 75038 legal@IDealGolfer.com 10. Disclaimer of Warranty; Limitation of Liability.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER IDEALGOLFER.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE.
THIS SITE IS MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT IDEALGOLFER.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
THE MERCHANTS OFFERING PRODUCTS AND SERVICES THROUGH THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF IDEALGOLFER.COM. IDEALGOLFER.COM, ITS AFFILIATES AND EMPLOYEES ARE NOT AGENTS OF THE MERCHANTS OFFERING SERVICES AND GOODS VIA IDEALGOLFER.COM AND ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH MERCHANTS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. IDEALGOLFER.COM HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY MERCHANT CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND IDEALGOLFER.COM’S DIRECT CONTROL.
IN NO EVENT SHALL IDEALGOLFER.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER IDEALGOLFER.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
IDealGolfer.com shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may be included as part of the Site, to determine compliance with these Terms and any operating rules established by IDealGolfer.com, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, IDealGolfer.com shall have the right to remove any material that IDealGolfer.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You understand that you are personally responsible for your behavior while on the Site, the content you post, and your use of the services we provide. You agree to indemnify and hold IDealGolfer.com, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) arising from: your use of the IDealGolfer.com services or access to the Site; any fraud or manipulation by you; your violation of any of these Terms; your violation of any applicable law or the rights of any third party, including without limitation any copyright, property, or privacy right; or any claim that one of your submissions or any of your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site.
13. Termination and Survival.
IDealGolfer.com may terminate this agreement at any time. Without limiting the foregoing, IDealGolfer.com shall have the right to immediately terminate any of your passwords or accounts in the event of any conduct by you which IDealGolfer.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms. The provisions of Sections 1, 2, 4, 5, 6, 8, 9, 10, 12, 13 will survive termination of this Agreement.
14. Links and Third Party Content.
This Site may contain content that is submitted by third party members. You acknowledge that by using the Site, you may be exposed to content that you find objectionable, or which is inaccurate, misleading or incomplete. We are not responsible for the accuracy, completeness or usefulness of any content, nor do we make any endorsement claims for the Site’s third party content. You use the Site and the content at your own risk.
The Site, or third party users and members, may provide links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials contained in or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any third party site or resource.
IDealGolfer.com reserves the right to disable any link or remove any third party content at any time in its sole discretion.
a. Entire Agreement. These Terms and any operating rules for IDealGolfer.com established by IDealGolfer.com constitute the entire agreement of the parties with respect to the subject matter hereof.
b. Severability and Waiver. If any part of these Terms is held invalid or unenforceable, then that part will be modified or construed to reflect the parties' original intention. All remaining provisions will remain enforceable and in full force and effect. A waiver by either party of any term or condition, or a failure to act on any breach thereof, in any one instance, will not waive such term or condition or the right to act on any subsequent breach thereof, or of any other provision
c. No Agency. No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind IDealGolfer.com in any respect whatsoever.
d. No Assignment. These Terms, and any rights granted hereunder, are not assignable, transferable or sub licensable by you except with our prior written consent. Any assignment attempted to be made in violation of these Terms shall be void.
e. No Third Party Beneficiaries. Nothing in these Terms shall be deemed to confer any third party rights or benefits.
f. Headings. The section headings used herein are for convenience only and shall be of no legal force or effect.
g. Choice of Law and Forum. These Terms are governed by, and will be interpreted in accordance with, the laws of the State of Texas, without regard to any choice of law provisions. Any claim or dispute between you and iDealGolfer.com that arises in whole or in part from the Site or its service shall be decided exclusively by a court of competent jurisdiction located in Dallas, TX.
h. Contact and Violations. Violation of any of these Terms may result in removal of your postings and termination of your account. Questions about the Terms of Service may be emailed to:support@IDealGolfer.com.
If you belief that any postings on the Site violate these Terms, please let us know by sending an email to:support@IDealGolfer.com.
II. TERMS OF PURCHASE
By placing an Order, you make an offer to us to purchase the vouchers you have selected on the terms and conditions stated below. You are required to create an account in order to purchase any product. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the product.
The IDealGolfer.com voucher you purchase is redeemable for goods or services by the seller of such goods and services (the “Merchant"). The Merchant, not iDealGolfer.com, is the seller of the goods and services. You are encouraged to review the Merchant’s Terms and Conditions, which apply to your purchase.
1. Terms and Conditions for Merchant Vouchers
For this section, the featured company of each daily deals offer products or services for sale in its regular business operations will be referred to as “Merchants.”
a. Redemption frequency and other eligibility requirements are determined by merchants, and shall be contained in the voucher offer on iDealGolfer.com
b. iDealGolfer.com vouchers cannot be combined with any gift certificates, coupons, or promotions, unless expressly permitted by the Merchant.
2. Terms and Conditions for Merchant Vouchers
a. Merchant vouchers may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges.
b. Limit one (1) voucher per redemption. Only one voucher can be used per order unless expressly permitted by Merchant.
c. Other eligibility requirements are determined by Merchants, and shall be contained in the voucher offer on IDealGolfer.com.
3. Additional Terms and Conditions for All IDealGolfer.com Vouchers
a. The issuing of credit to you upon return of damaged product, or product returned for other reasons, is at the sole discretion of the Merchant. You are encouraged to review the Merchant’s Terms and Conditions, which apply to your purchase.
b. Neither IDealGolfer.com nor the Merchant is responsible for a lost or stolen voucher or voucher's reference number.
c. Vouchers may only be redeemed in their entirety; they may not be redeemed in increments.
d. Vouchers cannot be combined with any other gift certificates, third party certificates, coupons, or promotions, unless expressly allowed by Merchant.
e. Reproduction, sale or trade of vouchers is prohibited.
f. Any attempted redemption not consistent with these terms and conditions will render the voucher null and void. The holder and issuer of a Merchant Voucher is the Merchant. As a holder and issuer of the Voucher, the Merchant shall be responsible for injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers.
IDealGolfer.com does not control any Restaurant or Merchant, and is not responsible for any such injuries, illnesses, damages, claims, liabilities or costs.
4. Refunds and Exchanges.
Before placing an order for a Merchant Voucher, carefully review your selection. You are able to cancel your order at any time before the deal closes. However, once your Voucher purchase transaction is completed and cannot be returned or refunded.
Once you have purchased a Voucher, You agree to not dispute or otherwise seek a “chargeback” from the company whose credit card you used.