Terms Of Service
Updated, January 7th, 2020
Terms of Service for Event Organizers (Event Registrants and Sponsors)
1. Acceptance of Terms
The following terms and conditions (this “TOS”) govern all use by you as an Organizer (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, 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” or “you”) to create an event registration microsite (“Site”), collect payments with respect to the sale of sponsorship and entries for events created using the Services (“Event Registration Fees”), from users who want to attend or sponsor such events (“Registrants” or “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 or Sponsors. Payments are processed through third party payment service methods or the TournamentCaddie platform. TournamentCaddie provides its basic services free of charge, some features including (but not limited to) collecting registration or sponsorship fees, or managing payouts are subject to a service fee. These fees may be charged directly by TournamentCaddie or indirectly from third-party service providers integrated into the TournamentCaddie product offering. This TOS applies to you and your use of the Services as an Organizer.
3. Your Use of the Services
TournamentCaddie hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of creating an event website with respect to, and promoting, managing, tracking, and collecting Event Registration and Sponsorship Fees for an event that you have 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 (except for the limited commercial purpose of selling event entries and sponsorships through the Site as an Organizer in accordance with this TOS); (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; or (v) engage in any activity that interferes with or disrupts the Services.
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.
4. Payment Methods & Event Payouts
Organizers will use our designated credit card processing (“CCP”), for the collection of information to process Event Registration, Sponsorship, and related fees.
TournamentCaddie event registration and sponsorship, certain feature unlock, and value-add products that require CCP are processed on the TournamentCaddie platform using Stripe (www.stripe.com). TournamentCaddie will act as Organizers agent to collect Event Registration and Sponsorship Fees on behalf of the Organizer from Registrant. TournamentCaddie will deduct or append pricing to include all applicable Services Fees from the Event Registration and Sponsorship Fees collected by TournamentCaddie. As an Organizer, your available account balance will be displayed in your TournamentCaddie administrative console. Notwithstanding any applicable payouts, once you complete the integrated Stripe electronic deposit process and designate your destination bank account your net-event revenue will be paid out as follows; up to 50% of your net-event revenue (less service charge of credit card transaction fees) will be paid out to your Stripe account immediately against every registration ticket item transaction. Your remaining account balance (net-event revenue, less any value-add purchases) will be paid out to your Stripe account automatically on the first business day following your event day. TournamentCaddie reserves the right to withhold funds from remittances (i) at any time as TournamentCaddie determines to be necessary for the processing and settlement of all refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, and other discrepancies and (ii) as otherwise permitted pursuant to this TOS. TournamentCaddie, in its sole discretion, may determine to advance a portion of Event Registration and Sponsorship Fees collected to an Organizer manually prior to the period set forth above, on such terms and conditions as TournamentCaddie may establish from time to time. Organizer agrees that all Event Registration and Sponsorship Fees for a given event are earned by Organizer only following conclusion of the applicable event and all Event Registration and Sponsorship Fees ultimately due will be net of all Service Fees, refunds, disputed charges, chargebacks and other deductions, whether due to customer complaints, allegations of fraud, discrepancies related to the applicable event or otherwise. All sales, fees, charges, and funds are payable in Canadian Dollars, or other foreign currencies accepted by TournamentCaddie. If Organizer selects a foreign currency option accepted by TournamentCaddie, TournamentCaddie will collect and disburse the funds in the foreign currency selected by Organizer.
Under the CCP option, it is the responsibility of the Organizer to communicate its refund policy to Registrants and to issue refunds to Registrants via the Site. A Organizer shall ensure that its refund policy is consistent with the terms of this TOS and the payment and refund mechanics of the Site. The Site permits an Organizer to issue refunds to Registrants, provided there is sufficient available account balance within the Organizer account, the refund is issued by Organizer before ninety-six (96) hours after the end date of an event and within six (6) months after the transaction date for the underlying entry purchase. Refunds issued following such periods, or attempted without sufficient account balance will not be processed through the Site, unless otherwise agreed to by TournamentCaddie in its sole discretion. Subject to the foregoing, refunds issued by an Organizer will be processed within thirty (30) days after Organizer instructs the issuance of the refunds via the Site. TournamentCaddie is available for communications and disputes regarding refunds for Registrants and Organizers. In the event the funds for a specified payment period have already been disbursed to an Organizer and they do not have sufficient available balance within their TournamentCaddie account, TournamentCaddie can facilitate communication with the Organizer. In the event of an error in issuing refunds, or lack of refunds in connection with the use of the CCP option TournamentCaddie in its sole discretion will decide the resolution. All credit card processing fees are non-refundable.
Notwithstanding the foregoing, you acknowledge and agree that TournamentCaddie shall have the right to force a refund of any or all entries at any time for any reason or no reason, including without limitation if TournamentCaddie receives complaints from a substantial number (as determined by TournamentCaddie in its sole discretion) of Registrants with respect to the applicable event or another event held by Organizer, or TournamentCaddie determines in its sole discretion that Organizer has engaged in any fraudulent activity or made any misrepresentations. Further, if one or more Registrant(s) request a refund, whether due to a canceled event or for any other reason where TournamentCaddie would reasonably expect to lose a chargeback, TournamentCaddie may, in its sole discretion, issue such refund to such Registrant(s), and Organizer shall then owe the amount of such refund to TournamentCaddie.
Under the CCP option, any credit card chargebacks initiated by a Registrant for any reason with respect to an event shall be charged back to the Organizer of such event. All communications and disputes regarding chargebacks are between the Organizer and Registrant, and TournamentCaddie will not be responsible or liable in any way for, and Organizer hereby agrees to fully indemnify TournamentCaddie and its affiliates for, chargebacks issued in the course of the use of the CCP option.
TournamentCaddie processes all event payouts to Organizers electronically using Stripe. You acknowledge and agree that as part of Stripe's identity verification process - typically known as “Know Your Customer” (KYC) regulations - you may be required to provide Stripe with personally identifiable information in order to verify your identity and process payouts to your destination bank account or debit card. This may include personal information and a scan of a government-issued ID. Every country has its own requirements that accounts must meet to be able to pay out funds to individuals and companies. Regardless of the country, the broad requirements are:
(i) Collecting information about the individual or company receiving funds
(ii) Verifying the information is accurate
Stripe will attempt verification, asking Organizers directly for more information when needed.
In the event that Organizer fails to pay to TournamentCaddie any amount owed pursuant to this TOS when due, such amount shall bear interest calculated from the date due until paid in full at a rate equal to the lesser of (a) ten percent (10%) per annum, and (b) the maximum amount permitted by applicable law. In the event any amounts are owed by Organizer to TournamentCaddie under this TOS or otherwise, TournamentCaddie may, without limiting its other rights and remedies, (i) deduct such amounts from Organizer’s outstanding balance, whether for that particular event or for any other event that Organizer lists through the Services; and/or (ii) send an invoice to Organizer for such amounts to the extent Organizer’s outstanding balance is insufficient to cover these costs, in which case Organizer shall pay TournamentCaddie such invoiced amounts within thirty (30) days after the date of the invoice. In addition, Organizer hereby agrees and authorizes TournamentCaddie to initiate an electronic funds transfer to debit the amounts owed from any of Organizer’s bank accounts to which Event Registration Fees have been sent. If payment for any amounts due to TournamentCaddie hereunder are not made by Organizer when due, TournamentCaddie reserves the right, in its sole discretion and without limiting its other rights and remedies, to terminate Organizer’s registration for the Services (including any and all accounts that Organizer may have) and to cancel all other events listed by Organizer.
Upon receipt of a credit card authorization from each individual entry purchase, TournamentCaddie generates a confirmation message and issues a unique confirmation number. You agree to unconditionally accept, honour, and fulfill all entry commitments that have been confirmed by TournamentCaddie through the Services, and it is your responsibility to verify the Registrant’s status, confirmation number and/or any event restrictions prior to the subject event.
TournamentCaddie reserves the right to withhold the payment of any amounts owed to you hereunder if (i) TournamentCaddie suspects or determines that such amounts have been generated in (A) a fraudulent manner, (B) violation of this TOS, or (C) violation of any applicable laws or regulations (foreign or domestic), or (ii) TournamentCaddie is required to do so by applicable laws or regulations (foreign or domestic). Such withholding may be temporary or permanent (as determined by TournamentCaddie).
5. Your Registration Obligations
6. Account, Password and Security
As part of the Site registration process, you will 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 Organizer submits event information to the Site. If TournamentCaddie determines, in its sole discretion, that 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.
You understand that you are liable for Your Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Registrants and other users of the Services. 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 your event.
impersonates any person or entity, including, but not limited to, a 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 the sale or provision of entries and 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) or stalk or otherwise harass any person or entity.
You acknowledge that TournamentCaddie does not pre-screen 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.
TournamentCaddie may provide you with the right to use a subdomain within the Site (e.g., [subdomain prefix].tournamentcaddie.com). All such sub-domains are the sole property of TournamentCaddie. In the event TournamentCaddie provides you with a sub-domain, your right to use such sub-domain may be terminated by TournamentCaddie at any time (with or without notice) for any reason or no reason.
10. 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. The Services are subject to Canadian export controls.
11. Additional Services
TournamentCaddie may, upon request, and for such fees as TournamentCaddie may establish from time to time in its sole discretion, provide additional services to you beyond the functionality of the Site. All such additional services, whether provided prior to, during or following your event, shall be deemed a part of the Services and subject to all the terms and conditions of this TOS. Such additional services shall be set forth in a written Addendum Agreement to this TOS and/or other written agreement between you and an authorized officer of TournamentCaddie, and shall set forth the Service Fees and the other terms and conditions relating to such additional services.
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 lawyer’s 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; your or any of your affiliates, or any of your or your affiliates officers, directors, agents or employees, use of, contribution to or connection with the Services or violation of any rights of another; your event(s); and/or your violation of this TOS. 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.
13. Service Modifications/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. TournamentCaddie will not be responsible to you for a refund, in whole or part, of Service Fees for any reason, except in the situation where an error was made by TournamentCaddie. TournamentCaddie will decide if an error has occurred in its sole discretion. 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.
16. 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 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 VisitorS’ AND ORGANIZERS’) CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING REGISTRANTS AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. 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 PAYMENT SERVICE PROVIDERS), 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 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.
17. 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 US$100.00 IN THE AGGREGATE FOR ALL CLAIMS FROM A GIVEN ORGANIZER WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND TOURNAMENTCADDIE’S REASONABLE CONTROL. TOURNAMENTCADDIE SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. 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 YOUR EVENT.
IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE ANY APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
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 email@example.com, Attn; Corporate Counsel.
21. 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 an Organizer, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and TournamentCaddie on the subject matter hereof, other than any written Addendum Agreement, if applicable, between you and an authorized officer of TournamentCaddie relating to a specified event or events. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content or 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 arbitration. 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.