Terms and Conditions

Please read the following Terms and Conditions closely before using our Web site (the "Site"). By accessing, browsing and using this Site, you acknowledge that you have read, understood and agreed to comply with the terms and conditions stated here. If you do not agree with any part of these Terms and Conditions, YOU MUST NOT USE THIS SITE.

This site may at any time modify these Terms and Conditions, and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use. Section A of these Terms and Conditions applies to all products and services available through the Site. Section B of these Terms and Conditions applies specifically to reservation requests to golf courses for services and products as indicated.

Tee Time Service Disclosures

The golf course booking and searching aspect of this site is solely owned and operated by Score Advertising Inc., a Manitoba corporation, located at 215 Oakland Avenue, Winnipeg, Manitoba Canada, R2G OA7. Additional information about Score Advertising Inc. may be found at http://www.scoreadvertising.com.

This site never charges or stores your credit cards, it simply forwards all credit card information to the golf course in question. The Golf Course in question may charge your Credit Card and you must contact them to discuss their terms and conditions. In order to be eligible for payment recovery you must therefore contact the golf course you made the reservation with. At no time is Score Advertising Inc. responsible for any charges to credit cards.

Section A

GENERAL TERMS AND CONDITIONS

Copyright Notice

You, the User, acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of Score Advertising Inc. and/or various third-party providers ("Providers"). Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the Canadian Copyright Act.

If you believe in good faith that materials hosted by us infringe your copyright, please contact Score Advertising Inc. immediately.

Corporate Identification and Trademarks

All contents of this Site are: © 2008 Score Advertising Inc. All rights reserved. Score Advertising Inc. is not responsible for content on websites operated by parties other than Score Advertising Inc. Score Advertising Inc. as well as ScoreATeeTime.com logos are either registered trademarks or trademarks of Score Advertising Inc. in Canada and/or other countries ("Trademarks"). Other logos and product and company names mentioned herein may be the trademarks of their respective owners.

You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without Score Advertising Inc.'s prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited. Score Advertising Inc. prohibits the use of Trademarks as a "hot" link on or to any other Web site unless establishment of such a link is pre-approved by Score Advertising Inc. in writing.

Use Restriction

This Site is intended for personal, noncommercial use. You may only use this Site to make legitimate requests to book the products or services offered (each, a "Request"), and shall not use this Site to make any speculative, false or fraudulent Requests, or any Requests in anticipation of demand. You may not use robots or other automated means to access this Site, unless specifically permitted by ScoreATeeTime.com and Score Advertising Inc in writing. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your personal membership/profile information (if applicable) in order to keep it current, complete and accurate.

It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.

Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without Score Advertising Inc.'s prior written consent is prohibited.

Reviews, Comments And Other Submissions

We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please be aware that by submitting content to this Site by electronic mail, postings on this Site or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Score Advertising Inc.'s corporate affiliates (collectively, the "Score Advertising Inc. Companies") and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, "Score Affiliates") and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Score Advertising Inc. may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on any submission that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant Score Advertising Inc. the right to pursue at law any person or entity that violates your or Score Advertising Inc.'s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Site If you do not agree to these terms and conditions, please do not provide us with any Submissions.

Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Score Advertising Inc. programs.

You are fully responsible for the content of your Submissions (specifically including, but not limited to, reviews or the like posted to this Site). You are prohibited from posting or transmitting to or from this Site: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site. You acknowledge that Score Advertising Inc. may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.

Score Advertising Inc.'s policies with respect to claims by third parties that the content of the Site, including the content of any Submissions, infringes the copyrights owned by said third party can be found by contacting Score Advertising Inc.

Privacy

You confirm that you have read, understood and agree to Score Advertising Inc.'s Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by Score Advertising Inc., its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the Score Advertising Inc.'s Privacy Policy. If you are not a resident of Canada, please note that the personal information you submit to the Site will be transferred to Canada and processed by Score Advertising Inc. in order to provide this Site and its services to you, or for such other purposes (as set forth in the Privacy Policy). Score Advertising Inc. makes no representation or warranties with regard to the sufficiency of the security measures used for data handling and storage. Score Advertising Inc. will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Score Advertising Inc. Privacy Policy because of a security breach or technical malfunction.

No Warranties

Unless a Provider has agreed otherwise, all products, services, advice, merchandise and information available through this Site are provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the acceptance of any Request; (ii) that a User will receive the lowest available price for goods and/or services available through this Site; (iii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or golf course location; (iv) that use of this Site and all software, products or services associated with this Site will be error-free; (v) regarding the results that may be obtained from the use of this Site; (vi) regarding the completeness, accuracy, reliability or quality of any information, content, data, service, advice or merchandise provided or available through this Site; or, (vii) regarding the performance or non-performance of this Site including, but not limited to, any performance or non-performance in connection with or as a consequence of the passage of time. You expressly agree that the use of this Site is at your sole risk.

General Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE SCORE ADVERTISING INC. COMPANIES, THE SCORE AFFILIATES AND THEIR RESPECTIVE PROVIDERS BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Further, the Score Advertising Inc. Companies and the Score Affiliates accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or any other causes beyond the Score Advertising Inc. Companies or the Score Affiliates control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. The Score Advertising Companies and the Score Affiliates shall not be responsible for any Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability; nor shall the Score Advertising Inc. Companies or the Score Affiliates be responsible for any other wrong doing of a Provider (including any liability in tort), as to any products and/or services available through this Site. The Score Advertising Inc. Companies and the Score Affiliates shall not be responsible for any Provider's failure to comply with these Terms and Conditions, nor for any Provider's failure to comply with applicable federal, state, provincial and local law including, without limitation, laws governing the sale, warranty and return of perishables. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If, despite the limitation above, the Score Advertising Inc. Companies and the Score Affiliates or their respective Providers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the Score Advertising Inc. Companies, the Score Affiliates, or their respective Providers liabilities will in no event exceed, in the aggregate, the greater of (a) the fee or charge you paid to Score Advertising Inc. in connection with such transaction(s) on this Site, or (b) One-Hundred Dollars (CAN $100.00).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Score Advertising Inc. Companies and the Score Affiliates and/or their respective Providers.

Some states or provinces-to the extent their law might be deemed to apply, notwithstanding the selection of Manitoba law as described (below)-do not allow the limitation of liability, so the foregoing limitations might not apply to you.

Third Parties

If you use this Site to submit Requests for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.

Indemnification

You agree to defend and indemnify the Score Advertising Inc. Companies, the Score Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  1. your breach of this Agreement or the documents referenced herein;
  2. violation of any law or the rights of a third party;
  3. your use of this Site; or
  4. your use of this Site for, or on behalf of, a Third Party.

Links to other Web sites and Services

To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Score Advertising Inc. Companies and the Score Affiliates guarantees or warrants the accuracy or completeness of the information or content included on the web sites of these outside services and resources. The outside services and resources are in no way related to Score Advertising Inc., and are neither its employees nor agents.

Termination of Usage

User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.

Payment Methods

All Booking Requests must be submitted with a major credit card unless otherwise expressly stated.

Miscellaneous

The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.

None of the Score Advertising Inc. Companies or the Score Affiliates is responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control.

Entire Agreement

These Terms and Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the "Agreement") between you and Score Advertising Inc. relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

Governing Law

The internal laws of the Province of Manitoba shall govern the performance of these Terms and Conditions, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Winnipeg, Manitoba, Canada, for all disputes arising out of, or relating to, the Terms and Conditions and use of this Site.

SECTION B

RULES AND RESTRICTION FOR GOLF PRODUCTS AND SERVICE

GOLF Service Limitation of Liability

ScoreATeeTime.com/Score Advertising Inc. (collectively, "Score") and their affiliates are acting solely as an intermediary facilitating the booking of Golf products and services provided by golf courses, driving ranges or other golf service providers (collectively, "Golf Suppliers") in providing golf services, or in accepting reservations or bookings for such services to be provided to you. Score does not assume liability for any injury, damage, death, loss, accident or delay due to any fault, act of negligence, omission or default of a Golf Supplier, or by an act of God. Further, no responsibilities are accepted for any damage and/or delay due to sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or other causes. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority or entity other than Score. The contract of carriage in use by a Golf Supplier, when issued, shall be between the Golf Supplier and the golfer.

Tee Time Restrictions

Tee Times available through this Site are subject to the published conditions of terms, conditions, rules and cancelation policies of the applicable Golf Course. The following restrictions will apply:

For Tee Time Rates:

  1. All tee time bookings are final and can only be cancelled, refunded, changed or transferred, by the golf course who may or may not charge a fee to do so. Once you book a reservation, your credit card will be forwarded to be charged for the amount shown by the golf course - regardless of whether or not the reservation is used. Any credit given for any unused booking or usage toward any future bookings is solely up to the golf course in question; in use of this site you are waving Score from any involvement in this area. Golf Courses may allow itinerary changes, subject to change fees and the payment of any applicable rate difference; please refer to complete rate rules for information on changes and other restrictions at the individual Golf Course booked.
  2. All bookings issued will be issued for non member class only;
  3. All bookings through Score are not eligible to earn loyalty points at golf course unless the golf course gives specific permission for such.
  4. Times and dates are selected by Score in advance and cannot be changed by the player; the golf course may need to change the time though to maximize course utilization rates.
  5. Actual tee time and player counts will be made at the Golf Course on the day of play;
  6. Bookings can not be booked by minors age 17 and younger. Bookings may be made for minors age 17 and younger - however, they must be accompanied by an adult when playing; and,
  7. Pets and additional riders not playing or paying for golf services are not allowed on any golf course when booked through Score, pursuant to the golf courses policies and individual restrictions.
  8. All bookings will be subject to the standard golf course rules for published-fare prices including, without limitation, to itinerary changes, and eligibility for discounts or special benefits;
  9. Cart and range bucket type will be determined by the Golf Course and are subject to availability. Cart and all other amenity assignments are determined at check-in and upgrades are not available;
  10. The maximum number of players that can be booked at one time is four. All tee times will be booked under the same name and the guest under whose name the reservation is made must be present at check-in;
  11. Upon check-in, players must present a valid ID and credit card in their name (the amount of available credit required will vary by Golf Course). Debit cards or cash may be accepted by some Golf Courses but is not required by any course; and,
  12. Golf Course rates do not include special fees charged by Golf Courses upon check-in or departure (e.g., energy charges, golf cart damages, resort fees, parking fees). Customers will be required to pay these fees directly to the Golf Course at check in or check-out time.

Power Cart Rental Restrictions

Power Cart-rental bookings and reservations available through this Site are subject to the published conditions of carriage and rules of the applicable golf course or rental agency. Score displays two kinds of offers on behalf of rates: (1) tee time rates including a power cart and (2) and a rate without a power cart rental. A cart-rental rate that is accompanied by the phrase "cart included" in search results and/or on the booking details page is considered a tee time rate including a power cart. Any rates not accompanied by the "cart included" phrase are considered a walking rate. The following restrictions will apply:

For tee times with the phrase "power carts included":

  1. All bookings are final and cannot be changed.
  2. Reservations cannot be cancelled, refunded, exchanged or transferred to other individuals unless approved by the golf course. (Once you complete a booking, your credit card can be charged for the amount shown during the booking process.) Credit will not be given for unused reservations unless expressly given in writing by the golf course.
  3. All power carts must be picked up and dropped off at the same location.
  4. Reservations made through this site are not eligible for express service, power cart loyalty programs or any other loyalty program offered by the Golf Course unless express permission in writing is provided by the Golf Course.
  5. All drivers must be at least 18 years of age to rent a power cart.
  6. All drivers must present a valid driver's license and a credit card in their name with a minimum of $200 in available funds when picking up the power cart. If optional items are selected (e.g. insurance), additional available credit - above the initial $200 - will be required. The amount of credit necessary varies, depending on the power cart type and the rental period. Prepaid credit cards are NOT acceptable.
  7. All car rentals include unlimited mileage on the golf course's designated power cart areas only. Any and all damages caused to the Golf Course, its grounds or buildings as well as the cart itself are the complete responsibility and liability of the renter.
  8. Neither Score Advertising Inc. nor the golf course or the rental agency will accept coupons for upgrades, free power cart bookings, discounts or any other promotions.
  9. Optional items - such as the optional equipment, or the addition of drivers or tee times to your rental - must be requested and paid for at the rental counter. Such optional items are not included in this site's quoted rate and will be charged by the golf course or rental agency as an additional expense.
  10. This site calculates estimated charges based on the golf courses/rental agency's published rates, taxes and fees. Reservation of a retail rate through this site will result in a charge on the renter's account. Actual rental charges are billed by the Golf Course or agency upon the renter's return of the cart.
  11. This site will not accept coupons for upgrades, free bookings, discounts or any other promotions. You may be able to redeem these items at the golf course/rental counter, subject to restrictions. Please refer to the golf course/rental agency for full details.

Vacation Packages Restrictions

  1. Vacation packages available through this Site will be subject to the published conditions of carriage and, as applicable, rules of the applicable golf course, airline, hotel or car rental company. The following restrictions will apply:
  2. All bookings and ticket bookings are final, and cannot be changed;
  3. The name of the airline carrier and exact flight times may or may not be shown until after payment has been made for the booking;
  4. Any package including an airline ticket booking is subject to the restrictions listed in the Airline Ticket Restrictions section of the carrier;
  5. Any package including a hotel booking is subject to the restrictions listed in the Hotel Booking Restrictions section of the carrier; and,
  6. Any package including a car rental booking is subject to the restrictions listed in the Car Rental Restrictions of the carrier.

Payment

All prices and amounts shown on this Site are in the Canadian or US Dollars (USD) currency listed and are based on the country the golf course is resident in, unless otherwise noted. If a User submits a booking from this site for a tee time, lesson, power cart or other services, the User agrees that all taxes, charges, surcharges, shipping/handling and resubmission or other fees can be automatically charged to the credit card submitted by the User. Such amounts will be posted on this Site.

You agree that your credit card will be charged for the full cost of your reservation upon submitting your booking request. The cost of your booking is the total of: the indicated price per booking which may include a tax recovery charge plus an additional amount for our service fees, including any possible booking fee if applicable. The cost of your travel package booking is the total of: the indicated price per person multiplied by the number of travelers, plus an additional amount for the tax recovery charges and our service fees. The tax recovery charge is assessed by the golf course to recover the amount deemed necessary to the vendor in connection with your reservation, including sales and use, occupancy, room tax, excise tax, value added and other similar taxes etc., and the balance of the additional amount is a fee this site may charge in connection with the handling of your reservation. Our service fee varies based on the amount, type and location of your reservation.

We are not the vendor collecting and remitting said tax to the applicable tax authorities. The vendors bill all applicable taxes and this site remits such tax directly to the vendor where applicable. We are not a co-vendor associated with the vendor with whom we book or reserve our customer's arrangements. Taxability and the appropriate tax rate vary greatly by location. Our actual tax cost paid to the vendor may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of the actual use of the item booked etc. by the golfer/customer.

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Revision Date: Feb 15, 2010
©2010 Score Advertising Inc. All rights reserved