GENERAL

Claims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of the State of Florida, without reference to conflict of laws principles. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Palm Beach County, Florida, U.S.A. in all disputes arising out of or relating to the use of RoundsPlayed.com. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RoundsPlayed.com as a result of this agreement or use of RoundsPlayed.com. You agree to indemnify and hold RoundsPlayed.com, its affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on RoundsPlayed.com. RoundsPlayed.com reserves the right to disclose any information related to your use of RoundsPlayed.com, including its contents, without your prior permission if RoundsPlayed.com has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of RoundsPlayed.com; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. RoundsPlayed.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of RoundsPlayed.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of RoundsPlayed.com or information provided to or gathered by RoundsPlayed.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and RoundsPlayed.com with respect to RoundsPlayed.com and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and RoundsPlayed.com with respect to RoundsPlayed.com. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, RoundsPlayed.com is for your facility and non-commercial use. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from RoundsPlayed.com.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of RoundsPlayed.com, you will not use RoundsPlayed.com for any purpose that is unlawful or prohibited by these terms and conditions. You may not use RoundsPlayed.com in any manner that could damage, disable, overburden or impair RoundsPlayed.com or the network(s) connected to RoundsPlayed.com or interfere with any other party's use of RoundsPlayed.com. You may not attempt to gain unauthorized access to RoundsPlayed.com, other accounts, computer systems or networks connected to any RoundsPlayed.com site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through RoundsPlayed.com.

MATERIALS PROVIDED TO RoundsPlayed.com

RoundsPlayed.com does not claim ownership of the materials you provide to RoundsPlayed.com (including rounds played data) (each a "Submission" and collectively "Submissions"). However, by providing or submitting data you are granting RoundsPlayed.com permission to use your Submission in connection with the operation of RoundsPlayed.com, including, without limitation, the license rights to copy, distribute, transmit, publicly display, reproduce, edit, translate and reformat your Submission in aggregate form.

No compensation will be paid with respect to the use of your Submission, as provided herein. RoundsPlayed.com is under no obligation to post or use any Submission you may provide and RoundsPlayed.com may remove any Submission at any time in its sole discretion.

By posting a Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SOFTWARE AND CONTENT AVAILABLE THROUGH RoundsPlayed.com

All content that is made available to view and/or download in connection with RoundsPlayed.com, ("Content") is owned by and is the copyrighted work of RoundsPlayed.com and is protected by copyright laws and international treaty provisions.

Any reproduction or redistribution of the Content is expressly prohibited. Copying or reproduction of the Content to any other server or location for further reproduction or redistribution is expressly prohibited.

LIABILITY DISCLAIMER

The information, software, products and services included in or available through RoundsPlayed.com may include inaccuracies or typographical errors. Changes are periodically made to RoundsPlayed.com and to the information therein. RoundsPlayed.com may make improvements and/or changes in RoundsPlayed.com at any time. Advice received via RoundsPlayed.com should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

RoundsPlayed.com makes no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within RoundsPlayed.com for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. RoundsPlayed.com hereby disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.

You specifically agree that RoundsPlayed.com shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through RoundsPlayed.com. You agree that RoundsPlayed.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You agree that RoundsPlayed.com is not responsible for any content sent using and/or included in RoundsPlayed.com by any third party.

In no event shall RoundsPlayed.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of RoundsPlayed.com, with the delay or inability to use RoundsPlayed.com, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through RoundsPlayed.com, or otherwise arising out of the use of RoundsPlayed.com, whether based on contract, tort, negligence, strict liability or otherwise, even if RoundsPlayed.com or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of RoundsPlayed.com, or with any of these terms of use, your sole and exclusive remedy is to discontinue using RoundsPlayed.com.

OTHER LIMITATIONS

You agree that RoundsPlayed.com has no responsibility or liability for the deletion, corruption or failure to store any data or other content maintained or transmitted by RoundsPlayed.com. You acknowledge that the features, parameters or existence of RoundsPlayed.com may change at any time. You acknowledge that RoundsPlayed.com reserves the right to sign out, terminate or delete your accounts or service within RoundsPlayed.com that are "inactive" for an extended period of time. "Inactive" means that you have not signed in for an extended period of time, as determined by RoundsPlayed.com, in its sole discretion. RoundsPlayed.com makes no warranty that any RoundsPlayed.com service will be uninterrupted, timely, secure or error-free.

TERMINATION/ACCESS RESTRICTION

RoundsPlayed.com reserves the right, in its sole discretion, to terminate your access to RoundsPlayed.com and the related services or any portion thereof at any time, without notice. RoundsPlayed.com may also terminate or suspend your access to RoundsPlayed.com for inactivity, as set forth, above, in "Other Limitations".

MODIFICATION OF THESE TERMS OF USE

RoundsPlayed.com reserves the right to change the terms and conditions under which RoundsPlayed.com is offered, including but not limited to the charges associated with the use of RoundsPlayed.com. You are responsible for regularly reviewing these terms and conditions. Your continued use of RoundsPlayed.com constitutes your agreement to all such terms and conditions.

TRADEMARKS. RoundsPlayed.com.