Terms of Use
Last updated: January 1, 2023
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These Terms of Use are a legal agreement between you and Fore The Ladies, Inc. (“we” “us” “our” or “Fore The Ladies”). These Terms of Use (“Terms”) govern your use of and access to https://foretheladies.net (the “Site”), and its related applications, content, products and services, chat areas, bulletin boards, e-mail functions, and information such as programs, pricing, marketing, reservation services, or other content which you may upload, download or share for the purpose of using the Site (the “Content” and, collectively, with the Site, “Services”).”
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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE OR ANY SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO FOLLOW AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS”). IN ORDER TO USE THE SERVICES OR ACCESS THE CONTENT, YOU MUST FIRST AGREE TO THESE TERMS. IF YOU DO NOT ACCEPT ALL OF THESE TERMS YOU MAY NOT USE OR ACCESS THE SITE. BY USING THE SERVICES IN ANY MANNER, YOU AGREE TO FOLLOW AND BE BOUND BY THE TERMS AND THAT YOU ARE AT LEAST 18 YEARS OF AGE.
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No Users Under 18 Years Old
The Services are only for users at least 18 years of age. If you are under the age of 18, please do not attempt to use the Services or register with us at this Site.
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Modification of Terms and Additional Terms
We reserve the right to make changes or modifications to these Terms at any time and without notice to you. It is your responsibility to review these Terms periodically for changes. Any changes or modifications will be effective upon posting, and your use of the Site or Services following the posting will constitute your acceptance of these Terms and any additional or modified Terms. There is no service-level agreement with the services. You acknowledge and agree that the Services may not be available from time to time by your use of the Site you agree to hold harmless Fore The Ladies, Inc. for any such service interruptions. In the future, we may offer new services and/or features through the Site. Such new services and/or features shall be subject to these Terms.
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Accounts, Passwords and Security
Some of the Services may permit or require you to create an account to participate or to purchase products. You agree that any information you provide and maintain is accurate, current and complete, including payment information and your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide.
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In the event you create an account, you are entirely responsible for maintaining the confidentiality of your account, including your username and password, if applicable, and you agree to take security measures sufficient to prevent unauthorized disclosure or use of your user account. You agree not to share your password, account information, or access to the Services through your account with any other person. Furthermore, you are entirely responsible for all activities that occur on this Site using your account, whether or not the activities or the use of your password was authorized by you. You must notify us immediately at info@foretheladies.net in the event of any known or suspected unauthorized use of your account, username or password or any other breach of security.
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You agree not to interfere or attempt to interfere with the proper working of the Site or Services and not to use any robot, spider or scraper or any automated means to access the Services or any Fore The Ladies accounts, computer systems or networks without our express written permission.
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Electronic Notice
You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
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Privacy Statement
We consider protecting your personal data to be important and have developed a Privacy Policy describing our personal data collection and use and practices. The terms of our Privacy Policy, are incorporated in their entirety herein. Please refer to our Privacy Policy for detailed information.
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User Conduct and Public Forums
The Site may make available messaging services, chat services, bulletin boards, message boards, blogs, or other forums and other such services available through the Site. It is important to remember that the comments submitted to a forum may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet. Your comments may be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others. In particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forum.
In addition to any other rules, you are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; (d) contain a virus or other harmful component or false or misleading indications or origin or statements of fact; or (e) infringe, misappropriate, use or disclose without authorization or violate any intellectual property rights of any third parties including, but not limited, to copyright, trademark, mask work, trade secret, or right of publicity.
You agree that you shall not use this Site to make any misleading, slanderous, illegal, speculative, false or fraudulent comments. You may not use robots or other automated means to access or crawl this Site or any data on information on the Site, unless specifically permitted in writing by Fore The Ladies. 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.
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In addition to the foregoing and in consideration of being allowed to use the Site, you agree that the following actions shall constitute a material breach of these Terms:
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Collecting information about the Site or users of the Site without our written consent or disguising the origin of information transmitted to, from, or through the Site;
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Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Site or any portion thereof;
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Accessing or using the Site for competitive purposes;
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Distributing viruses or other harmful computer code(s) or circumventing any measures implemented by us aimed at preventing violations of the Terms of Service;
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Using the Site for any purpose in violation of local, state, national, international laws;
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Using the Site in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others; or
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Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in the Site, without our written consent
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We expressly reserve the right, in our sole discretion, to terminate a user's access to any or all areas of the Site due to any act that would constitute a violation of these. 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 may be prosecuted to the fullest extent of the law.
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Hyperlinks
We make no claim or representation regarding, and accept no responsibility or liability for, the quality, content, nature or reliability of websites accessible by hyperlink from the Services, or website linking to the Site or Services. Furthermore, these links do not imply endorsement by or affiliation with any third party or any third-party website, products or services provided by any third party.
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Material Submitted by User
For any materials that you submit or upload including, but not limited to, images, photographs, logos, graphics, videos, text, trademarks, slogans, and other materials (collectively, “User Materials”), you grant us a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense through multiple tiers, to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Materials solely in connection with the production or provision of any product or Service. Fore The Ladies may sublicense the rights that you grant it in this Section to a third party subcontractor only for purposes of operating the Site or providing Services,
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Proprietary Rights
As between you and Fore The Ladies, Fore The Ladies owns, solely and exclusively, all rights, title and interest in and to the Site and all Content. Your use of the Site does not grant to you ownership of any Content, code, data or materials you may access on or through the Site. If you believe in good faith that materials appearing on this Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. A conforming notice must contain the following: (a) your name, address, telephone number, and email address (if any); (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material; (c) statement that you, the complaining party, has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (d) a statement under penalty of perjury that the information in the notification is accurate and that you are (or are authorized to act on behalf of) the owner of an exclusive right that is allegedly infringed; and (e) your physical or electronic signature as the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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User Generated Content Policies and Enforcement
We have the right, but not the obligation, to monitor any activity and Content and interactive areas on the Services. We may access the Services and Content at any time and use any Content internally for any lawful purpose. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of these Terms of Use. We may disclose such information to any third party including law enforcement agencies to protect our rights and property in response to legal process, or in a good faith believe that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action we deem appropriate, including without limitation, issue a warning, suspend or terminate your access and use of the Services and/or Content at any time.
Fore the Ladies does not monitor, all of the material, including user Content, posted on the Site, and is not responsible for such Content, it, use or effects. By operating the Site, Fore the Ladies, does not represent or imply that it endorses any user Content posted, or that we such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, or other harmful or destructive content. The Site may contain content that is offensive or otherwise objectionable to you, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Fore the Ladies disclaims responsibility for any harm resulting from the use by users of the Site.
Event Registration and Orders for Products and Services
We may make certain products available to visitors and registrants of the Web Site. If you order any products, you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Fore The Ladies. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
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Reservation Services
As a Service, Fore the Ladies allows you to register for certain events held at golf courses or other locations (collectively, “Events”). These Events may include single events or multi-day travel events. Generally, payment for these Events is made to the third party service provider; however, Fore the Ladies may charge fees in connection with facilitating reservations for such Events and may act as an intermediary in collecting payment and transferring payment to the Event service providers. Fore the Ladies does not endorse any third party service provider and makes no representation as to such third party service provider’s ability, suitability, or level of service. Fore the Ladies does not own, operate, manage or control these Events or independent service providers and is not liable for their acts or omissions. You understand that any legal recourse is against the specific third party service provider, not Fore the Ladies.
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Event bookings may be non-refundable and if cancelled may incur charges. Fore the Ladies cannot issue refunds or adjustments to fees paid or costs incurred, including the cost of reservation for or attendance at such Events. If you register for an Event and cannot attend, you must contact the Event service provider directly with questions regarding refunds or changes in reservations. Fore the Ladies assumes no responsibility or liability for changes or cancellations to reservations or Events as a result of third party actions or policies. By using the Site for registration or reservations to Events, you acknowledge that Fore the Ladies will not be held liable under any circumstances for costs and/or damage associated with such registration or reservation.
Termination
We may terminate or suspend your access to the Site or Services at any time and without notice to you. We may do so if required by law, or if we have objective reason to believe you have used the Services in violation of any provision of these Terms or if you engage in any illegal or prohibited conduct as it relates to your use of the Services.
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Disclaimer
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY CONTENT OR THIRD PARTY SERVICES PROVIDED THROUGH THE SITE, OR FOR ANY THIRD PARTY CONTENT OR ACTIONS, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES, EVENTS AND OTHER THIRD PARTY SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF A THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
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Limitation on Liability
TO THE EXTENT PERMITTED BY LAW, YOU RELEASE FORE THE LADIES, INC. FROM ALL LIABILITY, COST, DAMAGES, CLAIMS AND EXPENSES (INCLUDING DIRECT, INDIRECT, SPECIAL AND CONSEQUENTIAL LOSS OR DAMAGE WHETHER IN NEGLIGENCE OR OTHERWISE) ARISING OUT OF ASSOCIATED WITH ANY CLAIM ARISING FROM THE CONTENT, SITE, SERVICES, EVENTS, PURCHASES, OR USE OR NON-USE OF THE THIRD-PARTY PRODUCTS OR SERVICES. IN NO EVENT SHALL FORE THE LADIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE. IN NO EVENT SHALL FORE THE LADIES BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED IN CONNECTION WITH ANY EVENT AS DEFINED HEREIN. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF FORE THE LADIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO FORE THE LADIES FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS OR SERVICES VIA THE SITE.
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Indemnification
You agree to defend, indemnify and hold Fore The Ladies and its respective employees, officers, members, agents and assigns harmless from any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), which in any way relate to or arise from your use of the Services or Site, including but not limited to any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
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Applicable Law
These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without resort to any conflict of law principles. Regardless of where you access the Services, you agree that any action at law or in equity arising out of or relating to these Terms or the Services shall be filed and adjudicated only in the federal or state courts located in Toledo, Lucas County, Ohio, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceedings arising out of these Terms or use of the Services or Content.
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Waiver and Severability
Fore The Ladies’ failure to exercise or enforce any rights or provisions in these Terms shall not constitute a waiver of such right or provision. If any part or provision of these Terms is found to be unenforceable, such part or provision may be modified to make the Terms as modified legal and enforceable without affecting the remainder of the Terms.
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Equitable Relief
You agree that a breach of these Terms of Service will cause irreparable injury to Fore The Ladies for which monetary damages would not be an adequate remedy and Fore The Ladies shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
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California Notice
Notice for Users in California Only. This notice is for users of the Site residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.
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Contact Us
If you have any questions about these Terms, please email us at info@foretheladies.net.
California Notice
Notice for Users in California Only. This notice is for users of the Site residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.
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Notices
Except as explicitly stated otherwise, any notices shall be given by email to Fore The Ladies at info@foretheladies.net or to you at the email address you provide to us. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.
Contact Us
Our postal address is:
5800 Monroe St.
Bldg. D, Ste. 3
Sylvania, OH 43560