Terms of Use
Terms of Use
Last Updated: September 30, 2009Welcome to thetourclub.com, the Web site of THE TOUR CLUB, which is published by TOUR Club, LLC ("Club"). As used in these Terms of Use, the term "Club" means THE TOUR CLUB, TOUR Club, LLC and its parent companies (including the parent companies of its parent companies), subsidiaries, and affiliated companies. As used in these Terms of Use, the term "Web Site" refers to the Web site located at thetourclub.com as well as online services that include, but are not limited to, our E-mail newsletters, our archives, our document libraries, our member-only online content, and our online member forums.
1) Agreement.
You agree that Your use of the Web Site is subject to these Terms of Use (this "Agreement"). This Agreement is made between Club and you or, in the case that you represent and are using the Web Site on behalf of an entity, that entity (in either case, "You"). By using the Web Site, you acknowledge and agree that you have read and agree to be bound by this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE EXIT THE WEB SITE NOW AND REFRAIN FROM USING ANY CONTENT THAT YOU MAY HAVE OBTAINED FROM THE WEB SITE.
2) Term; Termination.
This Agreement will be effective on the date You first use the Web Site and will continue until terminated. Club may terminate this Agreement immediately, for any reason or no reason, with or without notice to You. Club may also suspend your use of the Site and direct You to cease using the Site with or without notice to You and with or without cause.
3) AS IS. NO WARRANTIES.
THE MATERIALS CONTAINED ON THE WEB SITE ARE PROVIDED BY CLUB AS A SERVICE TO YOU FOR YOUR NONCOMMERCIAL, PERSONAL USE ON AN "AS IS, AS AVAILABLE" BASIS AND MAY BE USED BY YOU FOR INFORMATION PURPOSES ONLY. YOU ACKNOWLEDGE THAT YOU ARE USING THE WEB SITE AT YOUR OWN RISK. CLUB ASSUMES NO RESPONSIBILITY FOR ERROR OR OMISSIONS IN THESE MATERIALS. CLUB MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED HEREIN. CLUB MAKES NO, AND EXPRESSLY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEB SITE, INCLUDING WITHOUT LIMITATION THE ACCURACY, COMPLETENESS, OR RELIABILITY OF TEXT, GRAPHICS, LINKS, PRODUCTS AND SERVICES, AND OTHER ITEMS ACCESSED FROM OR VIA THE WEB SITE, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT THE WEB SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION GIVEN BY CLUB OR ANY OTHER PARTY ON THE WEB SITE SHALL CREATE ANY WARRANTY OR LIABILITY TO CLUB. CLUB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AT THE WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND THAT BY USING THE WEB SITE, YOU MAY BE EXPOSED TO CONTENT THAT YOU MAY FIND OFFENSIVE, INDECENT OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL CLUB BE LIABLE IN ANY WAY FOR ANY SOFTWARE OR CONTENT PROVIDED THROUGH THE SITE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE SITE. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND INTERRUPTIONS, CRASHES, AND DOWNTIME BEYOND CLUB'S CONTROL MAY OCCUR FROM TIME TO TIME. UNDER NO CIRCUMSTANCES SHALL CLUB OR ITS PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE HELD LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL, WHTHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, ARISING FROM OR IN CONNECTION WITH YOUR USE, RELIANCE ON, OR PERFORMANCE OF THE INFORMATION ON THE WEB SITE. CLUB PERIODICALLY SCHEDULES SYSTEM DOWNTIME FOR MAINTENANCE AND OTHER PURPOSES. UNPLANNED OUTAGES ALSO MAY OCCUR. CLUB SHALL HAVE NO LIABILITY FOR THE RESULTING UNAVAILABILITY OF THE WEB SITE OR FOR ANY LOSS OF DATA OR TRANSACTIONS CAUSED BY PLANNED OR UNPLANNED SYSTEM OUTAGES, OR ANY OUTAGES OF WEBHOST PROVIDERS OR THE INTERNET INFRASTRUCTURE AND NETWORK EXTERNAL TO THE WEB SITE.
4) Content.
The text, files, images, graphics, illustrations, information, data, audio, video, photographs and other content (collectively, "Content") available on the Web Site or provided from or through the Web Site, including, without limitation, all Content made available to any widget or other software are protected by the Intellectual Property Rights of Club. Unless otherwise noted on the Web Site, as between You and Club all Content is owned by Club. Your access to and use of any Content is also subject to any other license or other agreement separate from this Agreement that You may have entered into (or may enter into) with Club relating to that Content. You are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Web Site or Content, or any Intellectual Property Rights therein or related thereto, and You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Web Site or Content without the prior written permission of Club. Unless otherwise labeled, all trademarks, tradenames, service marks, logos, banners, and page headers displayed on the Web Site (collectively, the "Marks") are the property of Club. You may not display, link to, or otherwise use the Marks without the prior written permission of Club.
5) Use of Information Obtained from Club.
You must be 18 years or older to use the Web Site. Until you apply for and are approved as a registered user of the Site (a "Registered User"), Your access to the Site will be limited to the areas of the Web Site generally available to all users. Your approval as a Registered User is at the sole discretion of Club. In connection with Your application to become a Registered User, You will be asked to submit certain information about Yourself ("Registration Information").
a) If You are approved as a Registered User, You may be asked to create a password-protected account to access the areas of the Web Site available to registered users (an "Account"). You agree to keep Your Account information and password confidential. You agree to notify Club immediately of any actual or suspected unauthorized use of your Account. Your Account is solely for Your personal and non-commercial use. You may not sublicense, distribute, sell, use for service bureau use, lease, rent, loan, or otherwise transfer Your Account or the right to access your Account to any third party. You are solely responsible for all activities that occur through Your Account. Club will not be responsible for any loss to You caused by your failure to comply with these obligations. You represent and warrant that: (a) all Registration Information You have provided is true, accurate, current, and complete; and (b) You will maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. As part of the registration process, you may be assigned or permitted to create a user ID for use in identifying your Account (a "User ID"). You may not: (i) select or use a User ID of another person with the intent to impersonate that person; (ii) use a User ID in which another person has rights without such person's authorization; or (iii) use a User ID that Club, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your Account.
b) You will not and will not permit any third party to use Your Account to (1) use the Web Site to harvest or collect e-mail addresses or other contact information of other users from the Web Site by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications; (2) use the Web Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Web Site; (3) use automated scripts to collect information from or otherwise interact with the Web Site; (4) use the Web Site to intimidate or harass any other people or entities; (5) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or method of operation of the Web Site; (6) remove, bypass or circumvent any electronic protection measures on the Web Site; (7) remove, alter, or obscure any copyright or other proprietary rights notices included on the Site; or (8) upload to the Web Site or provide to Club any code or device capable of or intended to interrupt, harm or damage the Site or the operation of the Web Site.
c) If Club provides you with or you otherwise obtain information from Club (regardless of the form of or medium of delivery of such information) including, without limtitation, any information or data found on this Web Site, you must only use such information for your personal use and only while exercising the rights granted to you by your Club membership or for considering the purchase of a Club membership. In particular, you may not use such information to engage in any business activities.
6) Copyright and Intellectual Property.
All materials published on the Web Site are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of either Club or, in the case of content licensed by Club from third parties, the entity that is credited as the copyright holder of such licensed content. You may download freely accessible material from this Web Site for your personal and noncommercial use only, without altering or removing any trademark, copyright, or other notice from such material; you must hold confidential our member-only online content which is provided soley as a convenience for the use of our members. In the event you believe that any content posted on the Web Site infringes your copyright or other intellectual-property rights, you may notify Club by providing the information required by the Online Copyright Infringement Liability Limitation Action of the Digital Millennium Copyright Act, 17 U.S.C. 512, to Club's Copyright Agent:
TOUR Club, LLC
11101 West 120th Avenue
Suite 300
Broomfield, CO 80021
Attention: Copyright Conformance
E-mail: info@thetourclub.com
7) User Generated Content.
Club, through its online member forums, may provide users an opportunity to post content to the Web Site. Club does not necessarily endorse, support, sanction, encourage, or agree with content posted by users. You shall not post or transmit any unlawful threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate and local, state, national, or international law, could reasonably be interpreted to constitute an advertisement or solicitation of funds, goods, or services, or infringe upon another's copyright or trademark. You understand that all information, data, text, software, music, sound, photographs, video, messages, or other materials posted or transmitted in a Club forum, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. This means that You, and not Club, are entirely and solely responsible for all content that you upload, post, or otherwise transmit via the Web Site. Club does not and cannot review the content posted by users and is not responsible for such content. However, Club shall have the right, but not the obligation, to delete, move, or edit any content that violates this agreement or is otherwise objectionable as determined by Club in its sole discretion and without notice.
a) You represent and warrant to Club that You own all right, title, and interest in and to any Content that You provide or upload to the Web Site, or that You have sufficient rights, whether by implication, estoppel, or otherwise, to grant Club the rights discussed in this Agreement.
b) If you upload, post, or otherwise transmit content to the Web Site, you acknowledge that any such submissions may be edited, removed, modified, published, transmitted, and displayed by Club in any medium now existing or hereinafter invented, and for any purpose, including commercial uses. You waive any moral rights you may have in having the material edited, removed, modified, published, transmitted, or displayed in a manner not agreeable to you. You agree to indemnifyClub and its parents, subsidiaries, and affiliates, and each of their respective partners, officers, directors, employees, and agents, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney's fees) that may arise from your submissions, from your unauthorized use of material obtained from the Web Site, from your breach of these Terms of Use, and from any such acts arising through your use of the Web Site.
8) Member-Only Online Content.
Users accessing member-only online content are not permitted to share, distribute, sell, or otherwise transfer their password to other individuals. The password is for the member's sole use. Significant or unusual use of a single password (including but not limited to significant use of a single password on multiple computers) could result in suspension of that password. Member-only online content is protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of Club.
9) Featured Services and Links.
Club often provides visitors to its site with features and links to other web sites. The companies that Club selects as featured services providers offer products and services that site visitors may find useful. Club in certain cases may have a business relationship with certain third parties that it selects as a featured service providers. Club is not responsible for the accuracy or reliability of any advice or information given, or of any statement made, by the companies providing featured services, or for the content, services, products, or advertising on or available from their Web sites, or for the availability and operations of their Web sites. a) If You access a third-party site from the Web Site, then you do so at your own risk. Club provides featured sites and links only as a convenience, and the inclusion of the featured site or link does not imply that Club endorses or accepts any responsibility for the content on those third-party sites. b) You hereby indemnify, defend, and hold harmless Club employees, agents, contractors, assigns, licensees, and successors in interest ("Indemnified Parties") from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from Your accessing or using the Site or Content, or Your breach of any term of this Agreement. Club will provide You with notice of any such claim or allegation, and Club will have the right to participate in the defense of any such claim at its expense.
10) Privacy Policy.
Click here or direct your web browser to http://thetourclub.com/privacy to view a copy of Club's privacy policy (the "Privacy Policy") which is incorporated in this Agreement by reference. By accepting this Agreement, You expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.
11) Third-Party Beneficiaries.
There are no third-party beneficiaries under this Agreement.
12) Assignment.
You may not assign, delegate or transfer this Agreement or any of Your rights hereunder, and any attempt to do so will be null and void.
13) Integration.
This Agreement sets forth the entire understanding of the parties and supersedes any and all prior oral and written agreements or understandings between the parties regarding the subject matter of this Agreement. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
14) Severability.
If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
15) Modifications.
Club reserves the right, at any time and without notice, to add to, change, update, or modify the site and these Terms of Use, simply by posting such addition, change, update, or modification on the Site. Any such addition, change, update, or modification will be effective immediately upon posting on the Site. Continued access to the Web Site by you will constitute your acceptance of any changes or revisions to the Agreement
16) Headings.
Headings used in this Agreement are for convenience only and are not to be construed as adding, modifying or other affecting any of the terms hereof.
17) Confidentiality.
All Content received by You from the Web Site is considered confidential and proprietary information of the Club and may not be disclosed, reproduced, published or disseminated by You without the express written consent of Club. These confidentiality provisions are material to this Agreement and any breach of such obligations will create a danger of real, immediate, and irreparable injury which may be prevented by injunctive relief and for which there is a lack of a plain, speedy, and adequate remedy at law. Therefore Club shall have the right to obtain a temporary restraining order or injunction to prevent disclosure of information covered by this paragraph, as well as such other legal or equitable relief as may be just and proper.
18) Jurisdiction.
You agree that any claim, action, or proceeding arising out of these Terms of Use, or your use of the Web Site, shall be governed by and construed in accordance with the laws of the State of Colorado applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in Colorado. In addition, you agree to submit to the personal jurisdiction of such courts.
19) Survivability.
The provisions of Paragraphs 3,4,5,6,7,8,9,11,12,13,14, 15,17, and19 shall survive termination of this Agreement.
