Swingtime Golf USA, LLC TERMS & CONDITIONS
PLEASE CAREFULLY READ BOTH THIS AGREEMENT ON TERMS AND CONDITIONS AND THE PRIVACY POLICY BEFORE USING THIS WEBSITE.
By using our website (“Website”) and the online booking engine (“Booking Engine”) contained on our Website, you are agreeing to the following terms and conditions of use without modification or revision. It is important that you understand that we may amend, revise or update the terms and conditions of this User Agreement at any time and without prior notice to you, and your continued use of the Website or Booking Engine will be conditioned upon the terms and conditions in force at the time of your use. Therefore, you should carefully review the terms and conditions of this User Agreement each time you use our Website or Booking Engine. If the terms and conditions of this User Agreement are not acceptable to you, you must not use our Website or Booking Engine.
OWNERSHIP
The Website and Booking Engine are owned and operated by Swingtime Golf USA, LLC. All information, including without limitation text, graphics, software and all other materials including the HTML, XML, CGI and any other code and script in any format used to implement our Booking Engine or Website (“Content”), are our property. You do not, by using our Website or Booking Engine, acquire any ownership or other rights to any Content or other materials contained on or accessible through our Website or Booking Engine.
LIMITED RIGHT TO USE
Subject to the terms and conditions set forth in this User Agreement, we hereby grant to you a non-exclusive, limited, non-transferable and revocable license to view, print and download Content from our Website and Booking Engine solely for your personal and noncommercial use solely for purposes of enabling you to purchase products or services offered through our Website or Booking Engine. You agree not to republish, distribute, assign, modify, transmit, display, reproduce, license, create derivative works from, transfer or sell any Content or other materials obtained or obtainable on or through our Website or Booking Engine. You may not use any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or Content found on the Website or Booking Engine, in any case without the prior written permission of Swingtime Golf USA, LLC. You agree that you will not transmit or otherwise transfer any Web pages, data or Content found on the Website or Booking Engine to any other computer, server, Website, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or Booking Engine. You agree that you will not take any action that imposes a burden or load on our infrastructure that Swingtime Golf USA, LLC deems in its sole discretion to be unreasonable or disproportionate to the benefits Swingtime Golf USA, LLC obtains from your use of the Website or Booking Engine.
COPYRIGHT AND TRADEMARK NOTICES
The Content and other matters related to our Website or Booking Engine are protected under applicable laws relating to intellectual property rights, including but not limited to copyright and trademark laws. The copying, redistribution, use or publication by you of any such matters or any part of our Website or Booking Engine, except as allowed under this User Agreement, is strictly prohibited. The posting of Content on our Website or Booking Engine does not constitute a waiver of any such rights. Swingtime Golf USA, Swingtime Golf, Swingtime Golf Travel, The Business of Golf, Adopt-A-Golfer, and certain other trade names are either trademarks or service marks or registered trademarks or service marks of Swingtime Golf USA, LLC. Other product and company names contained on the Website or Booking Engine may be trademarks or service marks of their respective owners. Swingtime Golf USA, LLC reserves all right, title and interest in and to its copyright and trademark rights. AAA trademarks and service marks, including AAA and the Diamond Ratings trademarks and service marks (“AAA Marks”), are owned by the American Automobile Association (“AAA”). As a Swingtime Golf USA, LLC user, you may view and search the AAA Marks but are prohibited from using the AAA Marks in any non-Swingtime Golf USA, LLC application without first obtaining AAA's consent.
NONTRANSFERABLE
Your right to use our Website or Booking Engine is not transferable.
LIABILITY DISCLAIMER AND LIMITS
THE CONTENT OR OTHER MATERIALS PUBLISHED ON THIS WEBSITE AND/OR IN THE BOOKING ENGINE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE CONTENT OR OTHER MATERIALS MAY BE CHANGED OR UPDATED PERIODICALLY. WE, AND ANY OF OUR PARTNERS MAY, BUT SHALL NOT BE REQUIRED TO, MAKE ANY CHANGES TO OUR WEBSITE OR BOOKING ENGINE AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE TO YOU.
NEITHER WE NOR ANY OF OUR PARTNERS MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE SUITABILITY OF THE CONTENT CONTAINED ON OUR WEBSITE OR THE BOOKING ENGINE FOR ANY PURPOSE WHATSOEVER, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON OR THROUGH OUR WEBSITE OR THE BOOKING ENGINE SHALL NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US OR OUR PARTNERS. ALL SUCH CONTENT IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER. WE AND OUR PARTNERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH CONTENT AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH OUR WEBSITE OR BOOKING ENGINE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. OUR WEBSITE AND/OR BOOKING ENGINE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS, FOR WHICH YOU AGREE TO HOLD US AND OUR PARTNERS HARMLESS.
THE SUPPLIERS PROVIDING PRODUCTS AND SERVICES THROUGH OUR WEBSITE OR BOOKING ENGINE ARE INDEPENDENT CONTRACTORS AND WE ARE NOT THEIR AGENTS. NEITHER WE NOR OUR PARTNERS ARE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE WHATSOEVER OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. FROM TIME TO TIME, ACCESS TO OUR WEBSITE OR BOOKING ENGINE (OR ANY PORTION THEREOF) MAY BE SUSPENDED WITHOUT PRIOR NOTICE. YOU AGREE THAT WE AND OUR PARTNERS WILL HAVE NO LIABILITY AND WILL NOT BE OBLIGATED TO MAKE ANY REFUND AND SHALL OTHERWISE NOT BE RESPONSIBLE IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, MISQUOTED RATES, STRIKE, RIOTS, FLOODS, ACTS OF GOD, SECURITY BREACH, FALSE TRANSMISSIONS, PRANKS, HOAXES, TECHNOLOGICAL FAILURE OR ANY OTHER CAUSE BEYOND OUR OR OUR PARTNERS’ CONTROL, AND FURTHER THAT NEITHER WE NOR OUR PARTNERS SHALL HAVE ANY RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL WE OR ANY OF OUR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OUR WEBSITE OR BOOKING ENGINE OR THE DELAY OR INABILITY TO USE OUR WEBSITE OR BOOKING ENGINE, OR FOR ANY CONTENT OR PRODUCTS OR SERVICES OBTAINED THROUGH OUR WEBSITE OR BOOKING ENGINE, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE OR BOOKING ENGINE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR OUR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL SWINGTIME GOLF USA, LLC'S TOTAL LIABILITY FOR LOSS OR DAMAGES RELATING TO OR ARISING OUT OF SWINGTIME GOLF USA, LLC'S PERFORMANCE HEREUNDER AND/OR ARISING UNDER ANY THEORY AT LAW OR EQUITY (WHETHER TORT, NEGLIGENCE OR OTHERWISE) EXCEED THE LESSER OF (a) THE SUBSCRIPTION FEE AND SERVICE CHARGE FOR ACCESSING THIS WEBSITE OR BOOKING ENGINE, OR (b) US$100.00. IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO SWINGTIME GOLF USA, LLC AND WITHOUT ANY LIABILITY WHATSOEVER, SWINGTIME GOLF USA, LLC AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT YOUR ACCESS TO ANY COMPONENT OF THE WEBSITE OR BOOKING ENGINE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of our Website and/or Booking Engine, you agree that you will not use our Website or Booking Engine for any purpose that is unlawful or prohibited by, or inconsistent with, this User Agreement. You represent and warrant that you are at least 18 years old and posses the legal authority to enter into this User Agreement and to use our Website and Booking Engine in accordance with the terms and conditions of this User Agreement.
You may only use our Website and the Booking Engine to make legitimate reservations or purchases and not for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations or any reservation in anticipation of demand.
USE OF INFORMATION
We reserve the right, and you authorize us and our partners, to use and assign all information provided by you in any manner consistent with our Privacy Policy. You may view our Privacy Policy by clicking HERE.
CONTENT
Some of the Content that refers to city attractions, things to do, hotel accommodations, restaurants and other services is the property of, and is supplied by, third party suppliers that are not under our control. We do not independently verify, and do not guarantee, the accuracy of the information that we receive from such third parties. All information, prices and availability are subject to change without notice.
LINKS TO OTHER WEBSITES
Our Website and Booking Engine may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. We are not responsible for the accuracy of opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Website or Booking Engine does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave our Website or Booking Engine to access these third party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
TAX RECOVERY CHARGE
In connection with facilitating your travel arrangements, we are required to pay to our travel suppliers, as and when billed by each supplier, an amount equal to certain taxes, governmental fees and other charges that such supplier must remit to the appropriate taxing authorities. We are not the vendor collecting and remitting taxes to such taxing authorities. The vendors (our travel suppliers) bill us an amount equal to all applicable taxes, and we pay over such amounts directly to the vendors. In order to recover the amount of such taxes, governmental fees and other charges, we may impose a tax recovery charge.
INDEMNIFICATION
You agree to indemnify, defend and hold us and our partners, and any of our or our partners’ officers, directors, employees, agents, successors and assigns, harmless from and against any liability, claim, loss, expense, cause of action or demand, including without limitation reasonable legal and accounting fees arising directly or indirectly in connection with any breach by you of any term, condition, representation, warranty or covenant contained herein or otherwise resulting from your use of our Website or Booking Engine.
CONTRACT INFORMATION
No contract will exist as between you and us (or any of our partners) for the sale of any product or service other than reservations unless and until we accept your reservation and issue you a unique confirmation code. Acceptance will be deemed complete and will be deemed to be effectively communicated to you for all purposes at the time that we send the email to you whether or not you receive the email.
MISCELLANEOUS
This User Agreement shall be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to any conflict of law principles. You irrevocably and unconditionally agree that any legal proceeding arising out of or relating to this User Agreement may be brought in the United States District Court for the Ninth District of Florida. Use of our Website or Booking Engine is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
This User Agreement (and any other terms and conditions referenced herein) constitutes the entire and only agreement between us and you, and superceedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to our Website, the Booking Engine, the Content or any products or services provided by or through our Website or Booking Engine, and the subject matter of this User Agreement.
You agree that no joint venture, partnership, employment or agency relationship is created as a result of this User Agreement or use of our Website or Booking Engine.
Our performance of this User Agreement is subject to existing laws and legal process, and nothing contained in this User Agreement is in derogation of our right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.
If any part of this User 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 this User Agreement shall continue in effect.
Swingtime Golf USA, LLC may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of the Website or Booking Engine or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which Swingtime Golf USA, LLC and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to Swingtime Golf USA, LLC and its third party providers or distributors, as applicable.
You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to Swingtime Golf USA, LLC as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Swingtime Golf USA, LLC shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by Swingtime Golf USA, LLC in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
A printed version of this User Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this User Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Our failure to enforce any provision of this User Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.
Other terms and conditions may apply to your purchase of products or services offered on or through the Website and/or Booking Engine.
