Terms Of Service
Updated, January 7th, 2020
Terms of Service for Event Registrants and Sponsors (Event Organizers)
1. Acceptance of Terms
The following terms and conditions (this "TOS") govern all use by you as a Registrant (as defined below), Sponsor (as defined below), or other Visitor (as defined below) of (a) the TournamentCaddie Inc. (“TournamentCaddie”) websites and domains (including all webpages, subdomains and subparts therein contained, the “Site”), (b) any and all services available on or through the Site or otherwise provided by TournamentCaddie in connection with events listed on the Site, and (c) all Software (as defined below) (collectively, the “Services”). The Services are owned and operated by TournamentCaddie. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by TournamentCaddie. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY TOURNAMENTCADDIE. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES.
TournamentCaddie reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services. The terms of this TOS may only be modified (i) on an event by event basis through a written agreement signed by you and an authorized officer of TournamentCaddie or written addendum agreement to this tos, signed by you and an authorized officer of TournamentCaddie, or (ii) by TournamentCaddie as provided in this section.
2. Description of TournamentCaddie
TournamentCaddie provides registered users who are event organizers and planners including charity event organizers (“Organizers”) to collect create an event registration microsite (“Site”), collect payments with respect to the sale of entries and sponsorship for events registered on the Site (“Event Registration Fees”, “Sponsorship Fees”), from users who want to attend such events (“Registrants” or “Visitors”), or sponsors that want to support events (“Sponsors”), and manage event attributes such as foursome pairings and event scorecards. Using the Services, Organizers complete details about their event, including pricing, location, etc., and collect fees online directly from Registrants and Sponsors. Payments are processed using Stripe (www.stripe.com), a third party payment service method (“Gateway”). This TOS applies to you and your use of the Services as a Registrant, Sponsor, or Visitor.
3. Your Use of the Terms
TournamentCaddie hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of browsing the Site, and searching for, viewing, registering for, sponsoring, and interacting with, an event that is registered on the Site, in each case (i) in compliance with this TOS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes; (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; (v) engage in any activity that interferes with or disrupts the Services; or (vi) engage in any fraudulent activity or activity that facilitates fraud.
If you are allowed to download or use any Software in connection with the Services, TournamentCaddie hereby grants you a personal, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with this TOS and the written instructions/directions (if any) provided by TournamentCaddie in conjunction with the Software. For purposes of this TOS, “Software” shall mean any and all software that is available on or through the Site or otherwise provided by TournamentCaddie, including without limitation future mobile applications. For clarity, the Software will be deemed a part of the Services hereunder. The Software and the transmission of applicable data is subject to Canadian export controls. No Software may be downloaded or otherwise exported or re-exported in violation of Canadian export laws. Downloading or using the Software is at your sole risk. You shall also be responsible for using the Software in a manner that complies with all federal, provincial and local laws and the rules and regulations of all credit card companies.
It is the responsibility of the Organizer to communicate its refund policy to Registrants and Sponsors and to issue refunds to Registrants and Sponsors via the Site or otherwise. In no way is TournamentCaddie responsible for the payment of any refunds.
TournamentCaddie is available for communications or disputes regarding refunds between the Organizer, Registrants and Sponsors. TournamentCaddie will always seek the confirmation of the Organizer prior to discussing a refund. TournamentCaddie will act as a resource for Registrants and Sponsors wishing to request a refund, but cannot process refunds. In the event of a dispute, errors in issuing refunds, or lack of refunds in connection with the service, TournamentCaddie in its sole discretion will determine the resolution.
5. Your Registration Obligations
To be a registered user of the Services, whether as a Registrant, Sponsor or other Visitor, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TournamentCaddie has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TournamentCaddie has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof). TournamentCaddie is concerned about the safety and privacy of all its users, particularly children. For this reason, you must be at least 18 years of age to register for an account.
6. Account, Password and Security
As part of the Site registration process, you may be required to create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify TournamentCaddie of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TournamentCaddie cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that TournamentCaddie shall be the sole arbiter of such dispute in its sole discretion and that TournamentCaddie’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by TournamentCaddie in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. TournamentCaddie may own the Site Content or portions of the Site Content may be made available to TournamentCaddie through arrangements with third parties. Except as expressly authorized by TournamentCaddie in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose unless required by law or court order. However, you may print or download a reasonable number of copies of the Site Content for your own informational purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of TournamentCaddie. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
You acknowledge and agree that if you contribute, provide or make available any Content to the Site (“Your Content”) as an Organizer, you hereby grant to TournamentCaddie a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, events must be accurately and truthfully described when an Organizer submits event information to the Site. If TournamentCaddie determines, in its sole discretion, that the Organizer misrepresented an event or otherwise does not comply with this TOS, TournamentCaddie will have the right to cancel the relevant event (and all other events listed on the Site) and issue a refund to all Registrants. TournamentCaddie reserves the right to remove any of Your Content from the Site at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or no reason. In addition, you agree that TournamentCaddie may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of TournamentCaddie both on the Site and in marketing and promotional materials.
Whether you are using the Services as a Registrant, Sponsor or other Visitor, you understand that you are liable for all Your Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Organizers, Registrants, Sponsors and other Visitors. You agree not to use the Services to upload, post, email, transmit or otherwise make available any Content that:
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
harms minors in any way;
facilitates gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles, contests or sweepstakes conducted as part of the event you are registering for, or sponsoring;
impersonates any person or entity, including, but not limited to, an TournamentCaddie representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forges headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
you do not have a right to share and grant the necessary rights and licenses for;
infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
is related to the sale or provision of goods and services other than registrations to events listed on the Site and other goods and services being sold or provided in conjunction with such events;
contains 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 or to otherwise interact with the Services in a manner not permitted by this TOS or expressly authorized by TournamentCaddie;
interferes with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
intentionally or unintentionally violate any applicable law or regulation (foreign or domestic)
Whether you are using the Services as a Registrant, Sponsor or other Visitor, you acknowledge that TournamentCaddie does not prescreen any Content provided or made available by you or any third party in connection with the Services, but that TournamentCaddie and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of Your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that TournamentCaddie may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of Your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of TournamentCaddie, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
9. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. By way of illustration and not limitation, you agree to comply with all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from Canada or the country in which you reside. In addition, the Services are subject to Canadian export controls.
You agree to defend, indemnify and hold TournamentCaddie, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable lawyers’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim”) due to or arising out of: your Content; the events listed on the Service; your use of, contribution to or connection with the Service; your violation of this TOS; and/or your violation of any rights of another. TournamentCaddie shall provide notice to you of any such Claim, provided that the failure or delay by TournamentCaddie in providing such notice shall not limit your obligations hereunder. TournamentCaddie reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting TournamentCaddie’s defense of such matter.
11. Service Modification/Suspensions
TournamentCaddie reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. You agree that TournamentCaddie shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
TournamentCaddie, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due TournamentCaddie, or if TournamentCaddie believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that TournamentCaddie may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that TournamentCaddie shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).
The Services may provide, or third parties may provide, links to other Internet websites or resources. Because TournamentCaddie has no control over such websites and resources, you acknowledge and agree that TournamentCaddie is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that TournamentCaddie shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
14. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TOURNAMENTCADDIE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. TOURNAMENTCADDIE MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR EVENTS ATTENDED, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. TOURNAMENTCADDIE IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, REGISTRANT OR OTHER VISITOR, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND TOURNAMENTCADDIE WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT TOURNAMENTCADDIE HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING REGISTRANTS’, OTHER VISITOR’S AND ORGANIZERS’) CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING REGISTRANTS, OTHER VisitorS AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Notwithstanding the foregoing, you may report the misconduct of users, Registrants, other Visitors, Organizers and/or third parties in connection with the Site or any Services to TournamentCaddie. TournamentCaddie, in its sole discretion, may investigate the claim and take necessary action.
15. Limitation of Liability
TOURNAMENTCADDIE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TOURNAMENTCADDIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF $100.00 CDN IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND TOURNAMENTCADDIE REASONABLE CONTROL. TOURNAMENTCADDIE SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, TOURNAMENTCADDIE IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY FPM SERVICE), AND TOURNAMENTCADDIE HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
In consideration of being permitted to access and use the Services, you hereby agree to release TournamentCaddie, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other Organizers, Registrants, and other Visitors) in connection with the Services, your access and use of the Services, or any events listed thereon.
Notices to you may be made via either email or regular mail to the address in TournamentCaddie’s records. You agree that by using the Services you consent to TournamentCaddie communicating with you electronically. You are entitled to revoke such consent at any time. The Services may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Services. Any notice from you to us shall be sent electronically to firstname.lastname@example.org, Attn: Corporate Counsel.
19. Trademark Information
The trademarks and logos of TournamentCaddie (the “TournamentCaddie Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks of TournamentCaddie. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with TournamentCaddie Trademarks, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of TournamentCaddie specific for each such use. The Trademarks may not be used to disparage TournamentCaddie, any third party or TournamentCaddie’s or third party’s products or services, or in any manner (in TournamentCaddie’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless TournamentCaddie approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any TournamentCaddie Trademark shall inure to TournamentCaddie’s benefit.
This TOS constitutes the entire agreement between you and TournamentCaddie and governs your use of the Services as a Registrant, Sponsor, or other Visitor, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and TournamentCaddie on the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content, third party software or the Services in a manner other than as governed by this TOS.
This TOS and the provision of the Services to you are governed by the provincial laws of Ontario Canada as such laws are applied to agreements entered into and to be performed entirely within Ontario by Ontario residents.
Any controversy or claim arising out of or relating to this TOS or the provision of the Services shall be exclusively settled by binding. The arbitration shall be conducted in Kitchener, Ontario, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Subject to the foregoing arbitration provision, you and TournamentCaddie agree to submit to the personal jurisdiction of the courts located within the City of Kitchener, Ontario. Either you or TournamentCaddie may seek any interim or preliminary relief from a court of competent jurisdiction in Kitchener, Ontario, necessary to protect the rights or property of you or TournamentCaddie (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
The failure or delay of TournamentCaddie to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this TOS shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred.
The section titles in this TOS are for convenience only and have no legal or contractual effect.
Please report any violations of this TOS by email (email@example.com).