Welcome to Golf Butler, a website provided by Butler Media Inc. Your use of this site is expressly conditioned on your acceptance of the terms and conditions of this User Agreement (the "Terms" or "Agreement"). By using this site, you signify your agreement to these terms and conditions. If you do not agree with any part of these terms and conditions, you may not use this site. Butler Media Inc. may at any time modify this User Agreement and your continued use of this site or Golf Butler's services will be conditioned upon the terms and conditions in force at the time of your use.
TABLE OF CONTENTS
1. No Warranty or Representation
2. Use of Information
3. Payments, Transactions, Cancellations & Returns
4. Links to Other Sites
5. Agreement to Deal Electronically (Electronic Communications and Notices)
7. Unauthorized Use of Passwords
8. Changes to the Agreement
9. Right to Use Site; Membership Termination or Cancellation
10. Comment Submissions; Prohibited Content and Conduct
13. Right of Indemnification
15. Governing Laws
16. Further Information
BY USING THIS SITE YOU AGREE TO THE FOLLOWING:
No Warranty or Representation
Neither Butler Media Inc., nor any other party involved in creating, producing or delivering the information on this site is liable for any direct, indirect, incidental, special, consequential, punitive or other damages or loss whatsoever, arising out of or in connection with your access to or use of this site. This includes, without limitation, reviews, opinions, directions, guides, graphics, photographs, logos, audio or video clips and data (collectively "Content"). This limitation applies even if Butler Media, Inc. has been advised of, or foresees, the possibility of any damages occurring.
Without limiting the foregoing, everything on this site is provided to you "as is" without representation, warranty or condition of any kind, either express, implied, or statutory including, but not limited to, implied representations, warranties or conditions of merchantability, durability, title, non-infringement of intellectual property rights or inter-operability of products and services.
Use of information
You agree not to use any information on this site or linked to this site in any claims, proceedings, suits or actions against Butler Media Inc. and its partners.
Payments, Transactions, Cancellations & Returns
In an effort to provide you with a wide range of services, Butler Media Inc. connects you to affiliate websites. These affiliate websites offer products and services directly on the Golf Butler website. Although these products and services may be purchased through the Golf Butler website, the products and services are actually purchased by customers, such as yourself, directly from the affiliate providers and each transaction is completed on the third party provider's servers. Since you are purchasing from a third party provider, that third-party provider’s Terms of Sale apply to your purchase. The Site is merely providing a service to you by facilitating the sale of these products and services. Butler Media Inc. does not handle any purchases, transactions, cancellations or refunds of services and products and is therefore not liable for any transaction carried out on the Golf Butler website. Before purchasing or completing any transaction, please carefully review the Terms and Conditions or Sales Policy of each affiliate before purchasing anything from that provider through golfbutler.com.
For tee time bookings, please contact:
6380 East Thomas Road, Suite 232
Scottsdale, AZ 85251
For golf equipment purchases, please contact:
11000 North IH-35
Austin, Texas 78753
Customer Service (US & Canada): 1-800-813-6897
For travel arrangements, please contact:
c/o Travelocity.com LP
11603 Crosswinds Way
San Antonio, Texas 78233
Customer Service (US & Canada): 1-800-457-8010
Links to Other Sites
Throughout this site, Butler Media, Inc. provides links to other sites for your convenience. These sites are independent from Butler Media, Inc. and we do not endorse, control or make any representations, warranties or conditions concerning their contents or links.
It is your responsibility to verify any information contained within linked sites before relying on it. Also, the information contained in the links may be changed or updated at any time without notice. Linked sites may have their own terms and conditions which you should locate and review.
Agreement to Deal Electronically (Electronic Communications and Notices)
All of your transactions with or through the site may, at our discretion, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
Except as otherwise provided in these Terms, notices regarding changes to the Golf Butler website will be posted on the site. You authorize Butler Media, Inc. to send notices (including notice of subpoenas or other legal processes, if any) via electronic mail. You must check the site for notices, and you will be considered to have received a notice when it is posted on the site, or when sent by us via electronic mail, whether or not received by you. You must keep your addresses (mailing and email) current and any notice sent by us to an address that you have provided will be considered effective notice.
Unauthorized Use of Your Password
All instructions transmitted by or received from anyone presenting your password on the site are binding to you. You agree that you are solely responsible for all transactions or acts that are validated through use of your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the site for which you will be legally responsible. If you ever suspect that someone who is not intended to have authority to act on your behalf may have obtained access to your password, please contact Butler Media, Inc. immediately. You authorize Butler Media, Inc. to refuse any further orders placed under that password on your behalf – and Butler Media, Inc. will use reasonable efforts to block such orders.
Changes to the Agreement
You are bound by the version of this Agreement that is in effect on the date of your visit or transaction. The terms of this Agreement may change from time to time so please review them when you visit the site. We will post a notice on the home page of the site for 30 days if we change the terms of this Agreement and your use of the site after the effective date for any change will constitute your consent to the amended Agreement. For your convenience, a link to the current User Agreement appears at the bottom of every page of the site.
Right to Use Site; Membership Termination or Cancellation
We hereby grant you the limited right to view and use the site solely for the purpose of acquiring information in accordance with the Agreement. As between you and Butler Media, Inc., we retain all rights, titles and interest in and to the site. Except as provided in this Agreement, permission to reprint or electronically reproduce any content in whole or in part for any other purpose is expressly prohibited. The site and all content contained therein is protected by copyright and intellectual property rights under Canadian and foreign laws and all rights not expressly granted are reserved for Butler Media, Inc., its affiliates and its partners. Subject to applicable law, Butler Media, Inc. reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the site with or without notice.
The right to use this site does not include permission to copy the design elements, “look and feel” or layout of the site. Those elements are protects by law, such as trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in any manner. Except as expressly provided in this Agreement, neither Butler Media, Inc. nor any third party has conferred upon you by implication, estoppels, or otherwise, any license or right under any patent, copyright, trademark, trade secret or any other proprietary right.
Termination We may, at any time and without notice to you, terminate your access to the site or block your access to the site if:
- We believe at our sole discretion that you have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, persons, or property of the site, our users, or any other person;
- Requested by law enforcement or other government agencies.
Comment Submissions; Prohibited Content and Conduct
Any comments or information that you provide to Butler Media, Inc. (for example, feedback or ideas in response to a customer survey, product or content reviews, suggestions, ideas, concepts or any other information) are collectively deemed “Submissions”. None of the Submissions will be subject to any obligation of confidence on the part of Butler Media, Inc. and Butler Media, Inc. will not be liable for any use or disclosure (including publication in any form) of any Submissions. You hereby grant Butler Media, Inc. a royalty-free, perpetual, irrevocable, world-wide license to use, copy, reproduce, create derivative works from, adapt, modify, publish, edit, translate, sell, distribute, transmit, transfer, publicly display, publicly perform, and display the Submissions without any limitation and in any media or any form now known or later developed. Without limiting the foregoing, Butler Media, Inc. will be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions. Further, Butler Media, Inc. may sublicense these rights to third parties.
Under no circumstance is Butler Media, Inc. responsible for any Submission to the Site or for the content of that Submission, nor shall Butler Media, Inc. be held liable for any of the claims made therein. We are not responsible for the content or accuracy of any of these Submissions, and the views and opinions expressed are solely those of the original contributor.
Advertisements If you are retailing golf-related products or services and wish to advertise those products or services, please visit our Advertising page. All other Submissions, user-generated content or posts to the Site, whether through the forums, reviews, or any method or on any other page of the Site, must be free of advertising or spamming. We reserve the right to edit or remove any Submissions that violate these policies or terminate your membership or right to access the Site for such violations.
Site Moderation & Posting Rules All posts or private messages on the forum must be in English or French. No other languages are permitted. Although messages posted are not the responsibility of Butler Media, Inc., and we are not responsible for monitoring the content or accuracy of any of these messages, we reserve the right to edit or delete any message for any reason. Generally we only moderate reviews, messages, Submissions, or posts that are in breach of our rules or policies or threads that have not been accessed for some time. If you do find any reviews, messages, Submissions, or posts are objectionable then please contact us with a link to the item in question. We are particularly concerned with hate language and we will not hesitate to ban frequent or extreme offenders breaching any of our rules or policies.
You must only post in the relevant forum or area on the Site and should not take a thread off topic. You can start a new thread and link any side issues as needed. You agree not to spam on the Site or harvest contact information for commercial gain. Posts should only be made once and in one area only. You may not cross post. A moderator may link a thread to several forums if necessary rather than cross posting in multiple places. Posts may only be bumped if they are beneath closed posts. Junk posts such as random characters, irrelevant garbage or a short message that adds nothing new to a thread will be removed. We will not tolerate posts of pornographic nature or inappropriate content.
We understand that sometimes posters will wish to vehemently disagree with posts made by others. However, we ask that you refrain from personal attacks or responses resorting to vulgar language. A moderator or site administrator will intercede if it is felt that a thread has gotten out of control and he or she may close the thread (temporarily or permanently).
Prohibited Content You must not post to the Site or provide any Submissions that, as reasonably determined by us, is or appears to be the following:
- untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person's privacy or protected data, hateful, or racially or otherwise objectionable posts;
- posts that infringe upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any content that is subject to any claim of infringement;
- unsolicited, undisclosed or unauthorized advertising;
- software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
- in violation of any applicable local, state, national or international law (including export laws).
Prohibited Conduct You must not, or attempt to, do any of the following, as reasonably determined by us, subject to applicable law:
- access or use the Site in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
- access, tamper with, or use services or areas of the Site that you are not authorized to access;
- alter information on or obtained from the Site;
- tamper with postings, registration information, profiles, submissions or content belonging to the Site or other users of the Site;
- use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters";
- frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your content for any purpose except as expressly permitted in writing by us;
- impersonate or misrepresent your affiliation with any person or entity;
- reverse engineer any licensed software, application, games or any other aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site;
- send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Site or any recipient; or
- take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.
You should assume everything you see or read on this site is copyrighted unless otherwise noted. You are free to use the content for non-commercial purposes provided you do not modify it and provided you retain all copyrights and other proprietary notices contained in the content. You require our written consent to copy or display any portion of the content for redistribution to third parties or for commercial purposes.
The trademarks, logos, service marks and other names and icons identifying products and services on this site are registered and unregistered trademarks of Butler Media, Inc.
Right of Indemnification
You agree to defend, indemnify and hold Butler Media, Inc., its affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these terms and conditions by you, or related to your use of the site.
Butler Media, Inc.’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or rights contained in these terms and conditions.
These terms and conditions shall be governed by the provincial laws of Quebec and the federal laws of Canada that apply in Quebec. You agree to be bound by the laws of these jurisdictions. You hereby consent to the exclusive jurisdiction and venue of the courts of Quebec, Canada, for all disputes related to this site.
If you have any questions or concerns, please contact us at:
Butler Media, Inc.
3433 de Verdun
Effective date: March 2011