Effective Date: May 8, 2019
These Terms & Conditions of Use ("Terms & Conditions") govern the use of The Bogey Club's website located at https://www.bogeyclubstl.com (the "Website") and each account issued for the Website (each a "User Account").
Please read these Terms & Conditions carefully. By entering or using the Website, you agree to these Terms & Conditions. If you do not agree to these Terms & Conditions (without modification), you are not authorized to view or use the Website.
PLEASE NOTE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THE TERMS & CONDITIONS OR ON THE WEBSITE TO THE CONTRARY, THE WEBSITE IS PROVIDED WITHOUT ANY WARRANTIES AND WITH LIMITATIONS ON THE BOGEY CLUB'S LIABILITY.
- Conditioned upon, and subject to, your strict compliance with these Terms & Conditions, The Bogey Club grants you a non-exclusive, non-transferable, limited license to access and use the Website (i) for the purpose of obtaining information about The Bogey Club, and (ii) for other purposes expressly permitted by The Bogey Club in writing on the Website, in each case to the extent the Website and any features of or content on the Website are made available to you from time-to-time.
- You may view and/or print pages from the Website for your own personal use subject to restrictions in these Terms & Conditions.
- Portions of the Website available to different visitors may vary. For example, The Bogey Club may provide its members with user names and passwords for User Accounts that may provide access to information and features unavailable to other Website visitors. You agree not to use or access, or attempt to use or access, any portion of the Website for which you are not intentionally given access to by The Bogey Club.
- You acknowledge that, if The Bogey Club issues a User Account to you, your User Account is personal to you, and you agree (i) not to provide any other person with access to the Website or your User Account, unless The Bogey Club provides written authorization for you to do so, (ii) to notify The Bogey Club immediately of any unauthorized access to or use of your User Account or any other breach of security, and (iii) to ensure that you exit from your User Account at the end of each session.
- You should (i) use caution when accessing your User Account from a public or shared computer so that others are not able to view or record your password or other personal information, and (ii) protect your username and password by, among other things, keeping them confidential.
- If, notwithstanding the obligations in these Terms & Conditions, you allow another party to use your User Account, you will be responsible for all use by that party using your User Account.
- The Bogey Club has the right to disable any user name or password at any time in its sole discretion, for any or no reason, including if, in The Bogey Club's opinion, you have violated any provision of these Terms & Conditions.
- You agree not to enter or use the Website for any purpose that is prohibited by these Terms & Conditions or is otherwise unlawful. You agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Website.
- Unless you obtain prior written permission from The Bogey Club, you shall not:
- Republish, publicly display or distribute any Website content,
- Sell, rent or sub-license any Website content,
- Reproduce, duplicate or copy any Website content (except as expressly permitted in Section 1 above),
- Modify or create derivative works of any Website content, or
- Create frames around the Website's pages or use other techniques that alter in any way the visual presentation or appearance of the Website or its content.
- Without limiting the generality of the foregoing, you shall not post any Website content on social media.
- You agree not to (i) insert any code or product or manipulate the Website in any way that affects the user's experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Website, or (ii) use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Website except for customary search engines used in accordance with automated instructions directed to search engines and available on the Website.
- Termination/Suspension. The Bogey Club may, in its sole discretion, terminate or suspend your access to, and/or use of, the Website, or any portion thereof (including, without limitation, your User Account), at any time, with or without notice and for any reason (or no reason). You agree that (i) if your authorization to enter the Website and/or your User Account is terminated, you will not thereafter enter, or attempt to enter, as applicable, the Website and/or your User Account, directly or indirectly, and (ii) if your authorization to enter the Website or User Account is suspended, you will not thereafter enter, or attempt to enter, as applicable, the Website and/or your User Account, directly or indirectly, until your suspension is removed and The Bogey Club gives you express notice thereof.
- Information Provided. If you provide any content or information to The Bogey Club, you agree to provide only true, accurate, current and complete information that you are authorized to provide to The Bogey Club.
- Intellectual Property. Unless otherwise stated, The Bogey Club and/or its licensors own the intellectual property rights for all Website content, including the trademark THE BOGEY CLUB and all related names and logos. All intellectual property rights are reserved. You shall not use any Website content except as expressly permitted in these Terms & Conditions.
- Subject to the further provisions of this Section 7, The Bogey Club welcomes links to the Website from other websites. If The Bogey Club demands that you not link to the Website, or any portion of the Website, you agree that you will not, directly or indirectly, link to the Website or such portion of the Website as directed in The Bogey Club's demand, at any time after such demand is made.
- The Website and content on the Website are provided AS IS. Your use of the Website is at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE BOGEY CLUB NOR ANY PERSON ASSOCIATED WITH THE BOGEY CLUB MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE BOGEY CLUB NOR ANYONE ASSOCIATED WITH THE BOGEY CLUB REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
- THE BOGEY CLUB HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
- Exception: In certain states, the law may not allow The Bogey Club to disclaim or exclude certain warranties, so certain of the above disclaimers may not apply to you.
- Limitation of Liability.
- TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE BOGEY CLUB OR ITS SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, LICENSORS, SUPPLIERS, AGENTS, OFFICERS, OR DIRECTORS AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (EACH A "RELEASED PARTY"), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY CONTENT ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
- Exception: THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- In no event shall The Bogey Club's and any other Released Party's total liability to you for any damages arising out of or in any way connected with the Terms & Conditions or the Website, whether for breach of contract, in tort or otherwise, exceed $1,000.
- Indemnification. You agree to defend, indemnify and hold harmless The Bogey Club and its service providers, and its and their respective officers, directors, employees, contractors, agents, licensors and suppliers and its and their respective successors and assigns, from and against any and all claims, liabilities, damages, judgments, awards, settlements, losses, costs, expenses and fees (including without limitation reasonable attorneys' fees) arising out of or relating to your violation of these Terms & Conditions or your use of the Website, including, but not limited to, any use of the Website's content other than as expressly authorized in these Terms & Conditions.
- Jurisdiction. The Bogey Club controls and oversees the Website from the United States of America. The Website content may not be appropriate or available for use outside of the United States. If you use the Website from locations outside of the United States, you are responsible for compliance with any applicable local laws.
- Applicable Law/Courts. The validity and construction of these Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to any conflict of laws principles. Any dispute regarding these Terms & Conditions shall be subject to the exclusive jurisdiction of the Missouri state courts in and for St. Louis County, Missouri, U.S.A. (or, if there is federal jurisdiction, the United States District Court for the Eastern District of Missouri), and you agree to submit to the personal and exclusive jurisdiction and venue of these courts.
- Modifications to the Website and Terms & Conditions. The Bogey Club reserves the right to amend or terminate the Website at any time, without notice to you. The Bogey Club may also amend these Terms & Conditions at any time. If The Bogey Club does so, The Bogey Club will also update the effective date at the top of this page. The Bogey Club encourages you to check the Website regularly to ensure you are aware of the current Terms & Conditions. By continuing to use or link to the Website, you agree to be bound to and abide by these Terms & Conditions.
- General Provisions. If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be unlawful, void or unenforceable, then the unlawful, void or unenforceable provision shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remaining provisions of these Terms & Conditions shall remain in full force and effect.
- Contact Information. If you have any questions regarding any of these Terms & Conditions, please contact The Bogey Club at 314-993-0161 or [email protected].