|Terms of Service
|1. ACCEPTANCE OF TERMS
Welcome to CaddyInfo.com. CaddyInfo.com provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://caddyinfo.com/terms.htm In addition, when using particular CaddyInfo.com services, you and Caddyinfo.com shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
CaddyInfo.com, a web portal owned by Bruce W. Nunnally. "Caddyinfo.com", includes any associated sites whose content is actively managed by Bruce W. Nunnally, but does not include sites which are merely linked to or from Caddyinfo.com. Caddyinfo.com is understood to be Bruce W. Nunnally.
CaddyInfo.com currently provides users with access to a rich collection of resources, including, various communications tools, forums, and personalized content (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for CaddyInfo.com to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new CaddyInfo.com properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that CaddyInfo.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that CaddyInfo.com has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a)
provide true, accurate, current and complete information about yourself
as prompted by the Service's discussion board form (such information
being the your email address). If you provide any information that is
untrue, inaccurate, not current or incomplete, or CaddyInfo.com has
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, CaddyInfo.com has the right to
refuse any and all current or future use of the Service (or any portion
thereof). CaddyInfo.com is concerned about the safety and privacy of
all its users, particularly children. Please remember that the
Service is designed to appeal to a broad audience. Accordingly, as the
legal guardian, it is your responsibility to determine whether any of
the Services and/or Content (as defined in Section 6 below) are
appropriate for your child.
6. MEMBER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content originated.
This means that you, and not CaddyInfo.com, are entirely responsible
for all Content that you upload, post, email, transmit or otherwise
make available via the Service. CaddyInfo.com does not control the
Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by
using the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will CaddyInfo.com be
liable in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or damage of
any kind incurred as a result of the use of any Content posted,
emailed, transmitted or otherwise made available via the Service.
You acknowledge that CaddyInfo.com does not pre-screen Content, but that CaddyInfo.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, CaddyInfo.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by CaddyInfo.com or submitted to CaddyInfo.com, including without limitation information in CaddyInfo.com Message Boards, CaddyInfo.com, and in all other parts of the Service.
You acknowledge and agree that CaddyInfo.com may preserve
Content and may also disclose Content if required to do so by law or in
the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce the
TOS; (c) respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property, or personal safety
of CaddyInfo.com, its users and the public.
You understand that the technical processing and transmission
of the Service, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the United
States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
CaddyInfo.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Bruce W. Nunnally and CaddyInfo.com the following world-wide, royalty free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of the CaddyInfo.com that are intended by CaddyInfo.com to be available to the general public. By way of example, publicly accessible areas of the Service would include CaddyInfo.com Message Boards and portions of CaddyInfo.com site that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of CaddyInfo.com Clubs and CaddyInfo.com Groups that are limited to members, CaddyInfo.com services intended for private communication such as CaddyInfo.com Mail or CaddyInfo.com Messenger, or areas off of the CaddyInfo.com network of properties such as portions of World Wide Web sites that are accessible through CaddyInfo.com Webring but are not hosted or served by CaddyInfo.com.
Because you grant Caddyinfo.com a license in the Content,
Caddyinfo.com can continue to display this Content perpetually, even if
you stop participating at Caddyinfo.com, and even if
You agree to indemnify and hold CaddyInfo.com, and its
subsidiaries, affiliates, officers, agents, co-branders or other
partners, ownership, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post, transmit or make available
through the Service, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of any rights of
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the Service, use of
the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that CaddyInfo.com may establish general
practices and limits concerning use of the Service, including without
limitation the maximum number of days that email messages, message
board postings or other uploaded Content will be retained by the
Service, the maximum number of email messages that may be sent from or
received by an account on the Service, the maximum size of any email
message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on CaddyInfo.com's servers
on your behalf, and the maximum number of times (and the maximum
duration for which) you may access the Service in a given period of
time. You agree that CaddyInfo.com has no responsibility or liability
for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the
Service. You acknowledge that CaddyInfo.com reserves the right to log
off accounts that are inactive for an extended period of time. You
further acknowledge that CaddyInfo.com reserves the right to change
these general practices and limits at any time, in its sole discretion,
with or without notice.
12. MODIFICATIONS TO SERVICE
CaddyInfo.com reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that
CaddyInfo.com shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
You agree that CaddyInfo.com, in its sole discretion, may
terminate your password, account (or any part thereof) or use of the
Service, and remove and discard any Content within the Service, for any
reason, including, without limitation, for lack of use or if
CaddyInfo.com believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. CaddyInfo.com may also in its
sole discretion and at any time discontinue providing the Service, or
any part thereof, with or without notice. You agree that any
termination of your access to the Service under any provision of this
TOS may be effected without prior notice, and acknowledge and agree
that CaddyInfo.com may immediately deactivate or delete your account
and all related information and files in your account and/or bar any
further access to such files or the Service. Further, you agree that
CaddyInfo.com shall not be liable to you or any third-party for any
termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through the
Service, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
advertiser. You agree that CaddyInfo.com shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such advertisers on
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because CaddyInfo.com has
no control over such sites and resources, you acknowledge and agree
that CaddyInfo.com is not responsible for the availability of such
external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further
acknowledge and agree that CaddyInfo.com shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any
such Content, goods or services available on or through any such site
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CaddyInfo.com SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF CaddyInfo.com HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
Notices to you may be made via posts to Caddyinfo.com, posts
to the Caddyinfo.com forums, email or regular mail. The Service
may also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
CaddyInfo.com logos and product and service names are
trademarks of CaddyInfo.com. (the "CaddyInfo.com Marks"). Without
CaddyInfo.com's prior permission, you agree not to display or use in
any manner, the CaddyInfo.com Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
CaddyInfo.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide CaddyInfo.com's Copyright Agent the following information:
CaddyInfo.com's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: legal at caddyInfo.com
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and
CaddyInfo.com and govern your use of the Service, superceding any prior
agreements between you and CaddyInfo.com. You also may be subject to
additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software. The TOS and the
relationship between you and CaddyInfo.com shall be governed by the
laws of the State of Texas without regard to its conflict of law
provisions. You and CaddyInfo.com agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of
Collin, Texas. The failure of CaddyInfo.com to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect. You agree that regardless of
any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the TOS must be
filed within one (1) year after such claim or cause of action arose or
be forever barred.
The section titles in the TOS are for convenience only and
have no legal or contractual effect.
26. Privacy - Advertiser