Terms of Use

Effective March 17, 2010

The following Terms of Use govern use of CityGolfTour.com (“the Site”). The Site is provided by CityGolfTour.com LLC (“CGT”). This Agreement is between you and CGT. The terms “you” and “your” in these Terms of Use refer to the person named in the profile.

  1. TERMS OF USE

    Your registration for a profile or participating in any tournament offered on the Site signifies your knowledge of and agreement to be bound by the most current version of these Terms of Use. CGT may modify these Terms of Use at any time. Your continued use of the Site following such modifications signifies your acceptance of those modifications. You are responsible for reviewing these Terms of Use periodically for any such modifications.

    The Site is for amusement only. If you do not want to be bound by the Terms of Use, do not register on the site or participate in any tournament.

  2. ELIGIBILITY

    To register and open a profile on the Site you must:

    1. be a natural person, at least 18 years old, who is the registrant of the e-mail address submitted on your profile;
    2. possess a verifiable USGA handicap;
    3. pay the annual fee; and
    4. agree to CGT’s Terms of Use, including the Official Rules, incorporated herein by reference.

    To participate in any tournament offered on the Site, you must:

    1. be registered; and
    2. pay the required tournament fee(s).

    CGT may require you to provide CGT with proof that you are eligible to participate.

  3. PROFILE

    At registration, you are required to submit the following information to form a profile: an alias that will be your username, a password, your full name, your mailing address including city, state and zip code, your handicap, your GHIN number, the date your handicap was last updated, and your e-mail address. CGT reserves the right, in its sole discretion, to suspend or terminate offensive aliases.

    Your profile will remain active for one year from when you paid the annual fee, unless it is otherwise terminated under these Terms of Use.

    You represent and warrant that all information you supply to CGT is complete and accurate. If you knowingly submit incomplete or inaccurate information you shall be subject to immediate sanction as determined by CGT in its sole discretion, including but not limited to terminating your profile, blocking your access to the Site, removal from any tournaments you have entered, forfeiture of any entrance fees or prizes to which you may have otherwise been entitled, and prohibition from opening a new profile or otherwise participating in any tournament.

    You may not allow any other person to access your profile, access the Site, accept any winnings, or participate in any tournament using your profile information. Your profile is not transferable to any other person.

  4. TAXES

    If your total winnings on the Site in any given year reach $600, CGT will request your social security number from you in order to send you an IRS Form 1099, or other appropriate form, as required by Internal Revenue Service regulations. Failure to provide your social security number upon request will result in the Site’s inability to pay you any winnings in excess of $600. You are solely responsible for paying all taxes in accordance with the laws that apply to you.

  5. PROPRIETARY RIGHTS

    CGT is the sole owner of the Site, all information contained on the Site, and all intellectual property of the Site (“Proprietary Information”). CGT’s intellectual property includes but is not limited to the trademarks CITYGOLFTOUR and the CITYGOLFTOUR logo and the method and formula for determining winners.

    You may not copy, modify, publish, create derivative works from, or in any way exploit the Proprietary Information.

    Except for your payment information, anything you transmit to the Site or CGT including any profile information, data, questions, comments, or suggestions becomes and remains the sole property of CGT and CGT shall be entitled to unrestricted access and use of all such submissions without compensation to you. All such submissions will be treated as non-confidential, non-private, and non-proprietary to you. You consent to CGT accessing your profile for any purpose.

    You hereby assign the right to CGT to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site or CGT for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation to you.

  6. PROMOTIONAL ACTIVITIES

    By registering you agree that the Site may display your username, city, state, and tournament records. By accepting any prize from the Site, you agree to allow CGT to print, publish, broadcast and use, worldwide, in any media and at any time, your username, city, state, photograph and likeness for promotional or related purposes without additional compensation to you.

  7. PRIVACY POLICY

    You agree to CGT’s Privacy Policy, incorporated herein by reference.

    CGT utilizes e-mails to notify you when you win tournaments, and to let you know of special promotions, events and policy changes. New Registrants are automatically opted-in to receive all types of CGT e-mails: promotional marketing e-mails, promotional partner e-mails, newsletters, fairness e-mails, fun e-mails, and financial e-mails. You may opt out.

  8. ABUSE

    If you display behavior which is prohibited under these Terms of Use, federal or state laws, or may be interpreted as the use of unfair methods on the Site (“Abuse”), you shall be subject to immediate sanction as determined by CGT in its sole discretion, including but not limited to terminating your profile, blocking your access to the Site, removal from any tournaments you have entered, forfeiture of any entrance fees or prizes to which you may have otherwise been entitled, and prohibition from opening a new profile or otherwise participating in any tournament.

    Abuse includes but is not limited to:

    • the opening or use of multiple profiles
    • attempting to access any profile for which you are not authorized
    • using any automated means to access your profile
    • the use of unauthorized or altered software or hardware to assist play
    • intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. “sandbagging”)
    • harassment of other participants
    • posting of objectionable material
    • hacking or changing other participants’ profiles
    • any breach of these Terms of Use
    • any breach of the security of your profile or the Site
    • any attempt to gain unauthorized access to the Site’s systems, interfere with procedures or performance of the Site, or deliberately damage or undermine the Site
    • any attempt to commit fraud with regard to the Site

  9. NO WARRANTY

    YOUR USE OF THE SITE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SITE IS AT YOUR SOLE RISK.

    THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY. CGT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE SITE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

    CGT MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, THEN THIS SECTION WILL CONTROL.

  10. DISCLAIMERS AND LIMITATION OF LIABILITY

    YOU AGREE THAT CGT IS NOT LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE REGARDLESS OF THE CAUSE OF ACTION. WITHOUT LIMITING THE FOREGOING, CGT IS NOT LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM, AMONG OTHER THINGS,

    • TERMINATING THIS AGREEMENT OR SUSPENDING OR DELETING YOUR PROFILE.
    • DOWNLOADING ANY INFORMATION FROM THE SITE.
    • HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR PROFILE BY ANY PERSON

    CGT IS NOT LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE.

    CGT IS NOT LIABLE FOR ANY LOSS CAUSED BY ANY UNAUTHORIZED USE OF YOUR CREDIT CARD OR OTHER METHOD OF PAYMENT BY A THIRD PARTY IN CONNECTION WITH THE SITE.

    CGT DISCLAIMS LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE.

  11. INDEMNITY

    YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD CGT, ITS EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, AND AGENTS, HARMLESS FROM AND AGAINST LIABILITIES AND EXPENSES, INCLUDING ATTORNEY FEES, REASONABLY INCURRED BY SUCH PERSONS ARISING OUT OF OR BASED UPON YOUR USE OF OR INABILITY TO USE THE SITE.

  12. PAYMENT and REFUND

    CGT may impose dollar amount limitations on the size of payments you use to fund your activities on the Site. CGT reserves the right to change these dollar amount limitations at any time.

    In case of a malfunction or disruption of service for which CGT is responsible that prevents you from completing a tournament in which you have paid your entry fee, CGT will, upon receipt of a refund request, refund to you the entry fee charged for that unfinished tournament entry only. CGT reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. CGT also reserves the right to limit your tournament play or terminate your profile should CGT determine, in its sole discretion, that you have intentionally caused such a malfunction or disruption. CGT is not liable for any potential winnings from any unfinished tournament.

    Any attempt to defraud CGT through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment will result in immediate termination of your profile and forfeiture of any prizes to which you are otherwise entitled.

  13. FINAL DECISION

    The results and winners of each tournament offered on the Site will be determined and verified by CGT, and such determinations are final.

  14. TERMINATION

    CGT reserves the right to terminate your profile or prohibit your participation in any tournament for any reason, including but not limited to a breach of the Terms of Use.

    You may terminate this Agreement at any time by simply stopping your use of the Site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  15. APPLICABLE LAWS

    You are subject to all laws of the jurisdiction in which you reside and from which you access the Site and are solely responsible for obeying those laws. You agree CGT is not liable if laws applicable to you restrict or prohibit your participation. CGT reserves the right to monitor the location from which you access the Site and to block access from any jurisdiction other than the U.S., or any U.S. jurisdiction in which participation is illegal or restricted.

    CGT MAKES NO REPRESENTATIONS OR WARRANTIES, IMPLICIT OR EXPLICIT, AS TO YOUR LEGAL RIGHT TO PARTICIPATE IN ANY TOURNAMENT OFFERED ON THE SITE.

  16. OTHER TERMS

    No waiver by CGT of any of the provisions of these Terms of Use shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.

    If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms of Use, which will otherwise remain in full force and effect.

    These Terms of Use will be governed and construed in accordance with the laws of the United States and the State of Washington, irrespective of any principles of conflicts of law. You agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You further agree that any legal action arising from any dispute shall proceed only in the state or federal courts located in Seattle in the State of Washington and you hereby submit to personal jurisdiction and venue in such courts for the purposes of litigating any such action.

    If any provision of these Terms of Use is deemed void or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.