1. Collection and Use of Personal Information
2. Collection and Use of Non-Personal Information
3. Disclosure of Your Information to Third Parties
4. Updating and Correcting Information
5. Your Choices
6. Security of Information
7. Age Restrictions
IMPORTANT: BY USING THE SITE, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.
1. Collection and Use of Personal Information.
Depending on how you use the Site, we may ask you to share personally identifiable information ("Personal Information") with us. Whether you choose to share your Personal Information is completely up to you, but keep in mind that you may not be able to access some areas of the Site or effectively use the services we offer on the Site without sharing Personal Information. Personal Information includes any information that identifies or can be used to identify, contact or locate you. Examples include your name, address, email address, phone number, age, and credit card information. Below are some examples of when we collect Personal Information.
1. Account Information. When you register for the Site, we will ask for certain information about you, such as your name, address, email, birth date and phone number. If you are registering as a Player, we will also ask for any Country Club/Golf Course affiliations; if you are registering as a Caddy, we will also ask for your total years of Caddying and/or Caddy experience, your rate(s), transportation information and booking availability.
If you use an account from an online social platform (e.g., Facebook ) to register for the Site, we will request your permission to access certain information about you from that social platform. For example, if you log in using your Facebook account, we will request your permission to access your basic information on Facebook, such as your name, profile picture, and list of friends. We will use your information from these online social platforms to make the Site registration process easier and to enhance and personalize your use of the Site (e.g., by connecting you with Players or Caddy’s you or your online network know).
We may also, either during or after the registration process, use the Personal Information you have provided to us, request further Personal Information from you and/or use third party services, to verify your account or registration information or compliance with My Caddy's Terms of Service. For example, you may be asked to answer a knowledge-based question and/or provide a form of photo identification for purposes of verifying your identity.
We may use your email address and/or your phone number (if you choose to provide it) to send you account confirmations, notifications and appointment status reminders, to request reviews, to contact you on behalf of other Users sending you messages, and to otherwise provide services to you in connection with the Site. We may also send you promotional emails, such as monthly newsletters, new service offerings, special discounts and third-party offers. If you would rather not receive promotional emails, please see the section below titled "Your Choices."
We also use your Personal Information for administrative purposes, such as addressing account and billing issues, troubleshooting Site issues, investigating abuse on the Site, responding to User inquiries and enforcing and applying our Terms of Service. We may also send you an SMS Service communication in connection with the Services if you opt in to receive such service (as described below) by providing your mobile phone number as part of your registration process or in your account settings.
If you choose to join Groups, we may use your address to include you in the appropriate Groups.
Other Users may also be able to find your Profile on the Site by using search parameters that coincide with the Personal Information you have provided to us.
2. User Profile. After you register for the Site, you will have the opportunity to create a Profile about yourself. Your Profile may include different information depending on whether you are a Player or a Caddy. How much information you disclose on your Profile is entirely up to you, though at a minimum, your Profile will include information you provided to us in the account registration process (though your contact information, as well as certain other information, is disclosed only in the limited manner described below) and certain information about your Site activity (as described herein).
1. For Players: Players may include information on their Profile about their golf handicap/ index, Country club they belong to, events they play in, or men’s club they belong to. All registered Users will be able to view the Player's photo, first name, last initial, and Home Course. In addition, other registered Player’s and Caddy’s can view shared connections and affiliations. When a Player reviews a Caddy or requests a booking with a Caddy, the Caddy can view the Player's full Profile.
2. For Caddy’s: Caddy’s may include information about their rates, background, availability, education, certifications, languages spoken and experience, and any geographic or other limitations or preferences. All visitors to the Site (including non-registered visitors) can view a Caddy's Profile, except that a Caddy's email, and phone number are disclosed only to a Player with a confirmed booking.
3. Information in your Profile is also available in search results on the Site to help your friends find you.
4. Reviews and Other Public Content. Players will have the opportunity to provide Reviews about Caddy’s they have used. Users may also have other opportunities to contribute to the Site, such as public forums, bulletin boards and talk threads. We may store these contributions ("Public Content"), display them to other Users, and use them for promotional purposes. Your Public Content becomes public information once you post it, and copies of it may continue to be viewable even after you delete your account. Your Public Content may appear on other websites or web searches, and therefore this information can be read, collected and used by others. Note that if you include Personal Information about yourself in your Public Content, it can be used and viewed by others. Please remember that you are not permitted to disclose any Personal Information about another User or anyone else in your Public Content (see our content guidelines).
5. Third Party References. Caddy’s may request third parties to provide Reviews on the Site by providing the third party reference's email. We will use the email only to contact the third party reference and to invite the third party reference to review the Caddy. Third party references will be required to become a registered Player/ Golf Facility in order to post a review. As with other Reviews, the review and the Player's/ Golf Facility user name will be posted on the Caddy's Profile and search results pages that include the Caddy.
6. Inviting Friends/Caddy’s. Users may invite friends to join the Site by providing their contact information, selecting Facebook friends to be invited or by entering your log-in information to import your address book from other sites. We will use your friends' contact information to invite them to join and connect with you on the Site. We may store their Personal Information in our records, but will not send them promotional emails unless they register for an account or otherwise request us to do so.
7. Bookings and Other Site Activity. Your Profile, completed bookings and other Site activity (e.g., Reviews, number of repeat Players/Golf Facilities, how long you've been on My Caddy, number of friends on My Caddy, any linked Facebook accounts) may be shared with other Users. For example, your booking activity may be displayed on your friends' dashboards so your friends can see what Caddy’s you have used and/or reviewed, or Caddy’s you have taken, or a Caddy’s Profile, availability, or booking activity may be shared in marketing or promotional emails to other Users.. Some of this information may be displayed as "badges" on your profile (for example, if you are a Caddy who has earned “Expert green reader”, your profile will display a expert green reader badge). In addition, other Users you have designated as "Favorites" or whom you’ve recommended may be visible to other Users.
8. Messaging. The Site allows you to exchange messages with other Users using the messaging feature. We may store these messages in order to deliver them and allow you to manage them.
9. We may make available a service through which you can receive messages on your wireless device via short message service ("SMS Service"). You understand that your wireless carrier’s standard rates apply to these messages. If you subscribe to one of our SMS Services, you may be required to register and provide further Personal Information. We may also collect the date, time and content of your messages in the course of your use of the SMS Service. We will use the information we obtain in connection with our SMS Service for the purpose of sending the SMS messages. If fees are charged to your wireless account invoice, we may provide your carrier with your applicable information to facilitate the transaction in connection therewith. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies. We may also contact your carrier, which may access the content of your wireless account, for the purpose of identifying and resolving technical problems and/or service-related complaints. We do not guarantee that your use of the SMS Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service. You may change your mind and unsubscribe to SMS Services at any time by following the instructions in the SMS messages.
10. Facebook, and Other Third Party Services. In addition to Facebook, the Site may also provide access to other third party services to interact with friends and to import information about who you are connected with on those other services so you can connect with them on the Site. Some of those third party services may also provide us with information from those accounts there to enhance and personalize your use of the Site. For example, you may be able to follow a Facebook friend's activity on the Site (e.g., a friend's booking activity or reviews they have posted) or see other Users whom they know. You may also allow your activity on the Site to be shared on the third-party site. For example, if you post a Review on the Site, you may have the option to post your Review on your Facebook Wall. You can also further modify your privacy settings with those other services directly.
12. Job Postings. Information in your job postings, excluding your name (unless you include it in your job description) and profile photo, but including such other information as the golf course requested, city and state, job description (including single bag, double bag, or forecaddie, when to meet you and where at the facility, qualifications desired, rate offered) and job posting date may be shared with third party search engines and other services who run classified advertisements. Note that if you include Personal Information about yourself in your job description (e.g., your name or contact information), it may appear in the shared job postings and may be accessible to the public. These shared job postings may appear in third party web site search results, and would allow the public to link back to your My Caddy posting. To view your complete job posting, a user would then need to register and/or log in to the My Caddy site.
13. Feedback. If you contact us to give us feedback, register a complaint or ask questions about the Site or Services, we may store your communications, including any Personal Information you include in them, so we can effectively respond to you.
2. Collection and Use of Non-Personal Information.
Non-personal information is information that does not identify the specific User. This type of information may include things like the URL of the website you visited before and after visiting our Site, the type of browser you are using, and the IP address of the computer you use to visit the Site.
1. Cookies. We collect some anonymous information about how you use the Site by setting and accessing cookies on your computer. A cookie is a small text file that is stored on your computer. These cookies track information such as how often you visit the Site, what pages you view, and where you go after you leave the Site. The cookies track your computer, not you. They are not connected to any personal information about you. If you choose to disable a cookie, you may not be able to use certain features of the Site.
2. Activity and Log Data. We automatically store information related to your use of the Site in our log files, such as the pages you view on the Site, your browser type, IP address, operating system, referring URL and the date and time of your visit. We use this type of information to administer the Site and to analyze trends. This information is not tied to personally identifiable information.
4. Web Beacons and Other Tracking Devices. We and/or advertising affiliates may use other industry standard technologies like web beacons or tracking pixels to count the number of users that visit a page on the Site that includes these web beacons. Web beacons are used to report on site traffic and are used to analyze the effectiveness of advertising campaigns and how Users interact with the Site. The web beacons do not identify individual users and analysis of data obtained is performed on an aggregate basis. These companies may use non-personally identifiable information about your visits to the Site and other web sites in order to measure advertising effectiveness and to provide advertisements about goods or services that may be of interest to you.
5. Do Not Track Signals. Some web browsers have a "Do Not Track" feature. This feature lets you tell websites you visit that you do not want to have your online activity tracked. These features are not yet uniform across browsers. My Caddy does not engage in online tracking of its users (i.e., the collection of personal information about an user's online activities over time and across third party websites or online services), and therefore, the Site is not currently set up to respond to "Do Not Track" signals. My Caddy also does not authorize third parties to collect personally identifiable information about an individual consumer's online activities over time and across different websites when a consumer uses the Site or Services.
3. Disclosure of Your Information to Third Parties.
1. Disclosure By Law; Protection of Us and Others. We may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law), (2) protect or defend My Caddy's, or a third party's rights or property, or (3) protect someone's health or safety, such as when harm or violence against any person (including you) is threatened.
2. Aggregate Data. We may share aggregate data about Users with third parties, including advertisers and marketing partners. This information does not identify individual Users.
3. Service Providers. We may share your Personal Information with companies that perform services for us. These service providers are Facebook, who performs our marketing and analytics, and Authorize.net, who processes your payments. They have access to Personal Information as needed to perform their functions, but may not disclose your Personal Information for other purposes.
6. Information Available to Other Users and the Public. As described in Section 3(1) above, certain information about a User or relating to a User's site activity (including without limitation, Caddy profiles, Public Content and shared job postings) may be accessible to Users (including non-registered Users) and/or otherwise available to the public.
7. Third Party Advertisers. Third parties may provide some of the advertisements on the Site. We do not share any Personal Information with them, but they may have access to information they obtain through cookies, beacons or other tracking devices discussed in Section 3(2) above or that you share with them yourself. Please note that we do not rent, share, sell or trade Personal Information with third parties for their direct marketing purposes.
4. Updating and Correcting Information.
If you need to change your Personal Information, you may update or correct this information by logging into your account and accessing either the "Profile" section within your account or the "Settings" section under "My Account." We encourage you to update your Personal Information promptly if it changes. You may ask to have the information on your account deleted or removed; however, some information, such as past transactions, logs of technical support calls, or other information may not be deleted. In addition, it may be impossible to completely delete your information without some residual information because of backups.
What personal information pertaining to you is being processed
Why this information is being processed
Who has access to this personal information about you
How this personal information is being used in automated decisions
What processes are using this information
5. Your Choices.
My Caddy provides you with the ability to opt-out of receiving promotional emails (e.g., monthly newsletters, new service offerings, special discounts and third-party offers) from us. If you wish to discontinue receiving promotion emails, you can opt-out by using the link on the bottom of every promotional email you receive from My Caddy.
Please note that you cannot opt-out of receiving administrative and transaction-related emails from us. These are emails that relate to your account or your activity on the Site. You also have choices with respect to cookies, as described above. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Site may not work properly in your case.
6. Security of Information.
At our Site we make extensive efforts to secure your Personal Information. Your Personal Information and may be stored in perpetuity in our database, unless we receive a request by you to remove such information. All Personal Information is stored in the United States, so if you provide us with Personal Information while you are located outside of the United States, it will be transferred to and stored in the United States. We strive to take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of your Personal Information.
For example: We work hard to ensure that the data we collect is reliable, accurate, complete and current. We use Personal Information only for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
We limit access to Personal Information only to specific employees, Service Partners, contractors and agents who have a reasonable need to come into contact with your information. We encrypt certain sensitive information (such as credit card information) using Secure Socket Layer (SSL) technology, and implement other commercially reasonable procedures to protect your Personal Information. Additionally, we also employ a number of physical, electronic, and procedural safeguards to protect Personal Information.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through the Site cannot be guaranteed
8. Your California Privacy Rights
Upon your request, California Civil Code Section 1798.83, known as the “Shine the Light” law, requires us to provide to you (a) a list of your personal information, if any, which we have disclosed to third parties for direct marketing purposes in the preceding calendar year, and (b) the names and addresses of those third parties. You may make such a request once per calendar year, and we will provide the information to you free of charge. Please send any requests made pursuant to this section to us by e-mail by at firstname.lastname@example.org.
9. Contact Us.
My Caddy; , P.O. Box 27521 San Diego, CA 92128 email@example.com.
By clicking the “I Agree” button on the account registration page or by using the Site, you are agreeing that you have read, understand, and agree to be bound by these Terms of Service.
If you do not agree or are unable to agree to be bound by these Terms of Service, do not use the Site or the Services.
We may modify these Terms of Service from time to time. When changes are made, we will make the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. Your use of the Site or the Services after such posting will constitute acceptance by you of such changes.
These Terms of Service are organized into the following eighteen sections:
1. Nature of Our Site and Services
3. Use of Site and Services
4. User Content and Communication Rules and Guidelines
6. Third Party Verification Service
7. Fair Credit Reporting Act
8. Third Party Sites
9. Payment, Subscription, and Refund Policies
10. Online Payment Service
11. SMS Text Message Alert Service
12. Promotional Offers and Credits
13. Intellectual Property Rights
15. Disclaimer of Warranty and Limitation of Liability
17. Digital Millennium Copyright Act
18. General Provisions
Appendix A: Description of Background Check Services
1. NATURE OF OUR SITE AND SERVICES.
1. Site is a Venue. The Site provides a venue for people seeking caddy’s and/or caddy services (“Players/golf courses”) to connect with people who want to provide those services (“Caddy’s,” and collectively with Players/Golf Courses, “Users”). My Caddy is not a referral, matching or placement service and does not provide, refer, place, offer or seek to obtain employment or engagements for any of its Users.
2. My Caddy is not an employment service and does not serve as an employer of any User. As such, Users are solely responsible (and My Caddy is not responsible), for any tax, withholding or reporting, including, but not limited to, unemployment insurance, social security or payroll withholding tax or income reporting in connection with any services provided by Users. You understand and agree that if My Caddy is found to be liable for any tax, withholding tax or reporting obligation in connection with any services provided or received by you, then you will immediately reimburse and indemnify My Caddy for all costs, expenses and liabilities (including any interest and penalties) relating to the same.
If requested by My Caddy, you agree to provide My Caddy with such identification documents (including social security numbers, tax ID numbers, copies of passports and driver’s licenses) or other information as may be needed or requested by My Caddy.
By requesting to use, registering to use and/or using the Site, you represent and warrant that:
1. if you are a Player/ Golf Course:
i. Minimum Age You are an individual at least 18 years of age and at least the legal age of majority in the state in which you reside; and
if you are a Caddy:
ii. Minimum Age You are an individual at least 18 years of age.
iii. Legal Right to Work. You have the legal right to work in the United States;
3. USE OF SITE AND SERVICES.
My Caddy may, either during or after the registration process, request further information from you and/or use third party services, to verify your account or registration information.
As a User, you are responsible for maintaining the confidentiality of your password and account login, and you are solely responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account.
2. Personal Use Only. Your account is for your own personal use, and you may not permit anyone else to use your account. The Site is intended to be used by people who want to find, select, review and connect with other Users so they can receive, provide or share information about, caddy-related services. Any use of this Site for any other purpose, (including but not limited to using the Site or information obtained from the Site to solicit, advertise to or contact Users for any other purpose) is prohibited.
You may not transmit any chain letters, junk or spam e-mail to other Users, or use any information obtained from the Site to harass, abuse or harm another person. To protect Users from such activity, we reserve the right to take appropriate actions, including, but not limited to, restricting the number of messages which a User may send to other Users through the Site in any 24-hour period, or accounts or blocking users with certain IP addresses from accessing the Site.
3. Use of Other Users' Personal Information. You may from time to time receive personal information of another User. For example, upon confirmation of a booking, Users will be provided with each other’s contact information. Any personal information you receive may only be used for the specific purpose it was provided to you in connection with the Site and the Services. Caddy’s may not contact Players/ Golf Facilities, and Players/Golf Facilities may not contact Caddy’s, for any purpose other than asking a question, providing information, or making arrangements related to a booking on the Site.
4. Circumvention of Site and Services. You may not use the Site or Services, or information obtained from the Site or Services, for the purposes of circumventing or attempting to circumvent My Caddy’s messaging tools or booking platform, including for the purpose of avoiding the obligation to pay fees related to My Caddy’s provision of the Services.
5. Additional Prohibited Uses. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of malware, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by My Caddy in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
6. Risk Assumption and Precautions. You assume all risk when using the Site, including, but not limited to, all of the risks associated with any online or offline interaction with others. You agree to take all necessary precautions when meeting other Users.
8. No Violation of Laws. Your use of the Site and the Services, including, but not limited to, the User Content you post on the Site, must be in accordance with all applicable laws and regulations.
9. Reporting of Violations. You agree to report to us promptly any violation of these Terms of Service or any alleged improprieties of any Users. You can contact us at firstname.lastname@example.org.
10. Beta Features. From time to time, we may offer new “beta” features or tools with which Users may experiment on the Site. Such features or tools are offered solely for experimental purposes and may be modified or discontinued at My Caddy’s sole discretion. The provisions in Section 15 regarding Disclaimer of Warranty apply to such features or tools.
11. Group Affiliations. Users may have the option to list certain golf courses/tournaments or local group affiliations as part of their Profile, and My Caddy may add Users into these groups from time to time. Unless expressly stated otherwise, My Caddy is not affiliated with any of these listed organizations nor does My Caddy verify the User’s membership with such listed organization.
4. USER CONTENT AND COMMUNICATION RULES AND GUIDELINES.
As a User of the Site, you may have the opportunity to post or transmit User Content, such as User profiles (“Profiles”), reviews of Caddy’s (“Reviews”), and messages to other Users or on group forums. You are solely responsible for any User Content you post on the Site or transmit to other Users, and once posted or transmitted, cannot always be withdrawn.
1. Content and Communication Restrictions. You will not post on the Site, transmit to other Users, communicate any content (including links to content), or otherwise engage in any activity on the Site or through the Services, that:
1. contains photographs or images of another person, unless you are that person’s parent or legal guardian;
2. contains others’ copyrighted content unless you have written permission from the copyright owner;
3. contains or discloses another person’s personal information without his or her written permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
4. implies that the User Content is in any way endorsed or sponsored by My Caddy;
5. is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind;
6. is intended to harass, annoy, threaten or intimidate any other Users of the Site;
7. is false, misleading, defamatory, inaccurate, abusive, obscene, profane, sexually oriented, or otherwise objectionable;
8. involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming, phishing, trolling or other similar activities;
9. contains any malware (including but not limited to viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices);
10. is off-topic, meaningless, or otherwise intended to annoy or interfere with others' use of the Site;
11. uses scripts, bots or other automated technology to access the Site;
12. attempts to circumvent My Caddy’s messaging tools or booking platform, or attempts to avoid applicable My Caddy fees;
13. otherwise violates (A) the rights of third parties, including rights of privacy or publicity, or (B) violates applicable laws and regulations.
2. Content Removal. We may, but we have no obligation to, monitor User Content submitted on the Site, including Profiles, Reviews or other User Content. We may remove any such information, and material that in our sole opinion either (i) violates, or may violate, any applicable law or either the letter or spirit of these Terms of Service, (ii) might be offensive, illegal or that might violate the rights, harm, or threaten the safety of Users or others, or (iii) is determined to be inappropriate for any other reason at the sole discretion of My Caddy.
3. Our Right to Use Your User Content. By posting User Content to the Site, you grant, and you represent and warrant that you have the right to grant, to My Caddy, its Affiliated Parties, licensees and successors, an irrevocable, perpetual, non-exclusive, fully-paid, royalty-free, worldwide right and license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content in any media (including but not limited to print, email, digital and/or Internet) and to prepare derivative works of, or incorporate into other works, such information and content, for any purpose as deemed appropriate by My Caddy including, but not limited to, promotional, publicity, marketing or advertising purposes, and to grant and authorize sublicenses of the foregoing, without further review, notification or approval by you or additional consideration to you.
4. Review Guidelines. Players/Golf Facilities will have the opportunity to provide Reviews and Recommendations about Caddy’s. Reviews may only be given by Players/Golf Facilities who have officially booked a Caddy through the Site. Recommendations may be given by any User (e.g., Player/ Golf Facility who have previously employed the Caddy but not through the Site). Reviews and Recommendations should not include any personal information about a Caddy that is not disclosed in the Caddy’s public Profile (for example, the Review and Recommendations should not include or reference a Caddy’s address or phone number), should be limited to your firsthand experience (not what you heard from someone else) and should be factually accurate. Reviews should reflect your experience with a Caddy. Recommendations (as opposed to Reviews) should reflect your positive experiences with a Caddy. Negative content should not be submitted as part of a Recommendation and such content may be removed by My Caddy, in our sole discretion. You should avoid broad generalizations and exaggerations. If appropriate, you should update your Reviews and Recommendations to reflect new experiences. As with other User Content, we reserve the right to remove any Review or Recommendation that we feel, in our sole discretion, violates these guidelines.
1. By My Caddy. My Caddy may, in its sole discretion, for any reason or no reason, with or without notice (i) terminate or suspend your account and your access to the Site, and/or (ii) remove your Profile and/or any content posted by or about you, from the Site. Unless otherwise decided by My Caddy, such termination, suspension, and/or removal will be effective immediately. Following any termination of account, My Caddy may send a notice of the termination or suspension to other Users you have corresponded with. If your account has been terminated by My Caddy, you may not re-register without My Caddy’s consent (and if you are permitted to re-register, your previous information and activity, including any fee credits, may no longer be available).
2. By User. As a User, you may terminate your account at any time by going to My Account and then Settings and then clicking on "Deactivate my account." You may re-register at any time, but your previous information and activity, including any fee credits and any User Content you may have created, may no longer be available.
3. Effect of Termination. Upon the termination of your account, you will no longer have access to the portions of the Site and Services that require account registration. If your account is terminated, your Profile will no longer be displayed, but other User Content you have posted or transmitted (e.g., Reviews, messages to other Users) may or may not (in our sole discretion) remain on the Site. Any User Content associated with your account after your account’s termination may not be available to you if you re-register with My Caddy. In addition, regardless of your discontinuation to use or access the Site, Sections 2, 3, 4, 5, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of these Terms of Service will continue in full force and effect.
6. THIRD PARTY SITES.
The Site may include links to other websites (including other sites that are framed within the Site) or applications, or functionality to connect with other websites such as Facebook (each, a “Third Party Site”) or advertisements. We do not control or endorse any Third Party Site or advertisements, and we are not responsible for any content, product, advertising and other materials presented in or provided by such Third Party Site or advertisement. Your use and access of a Third Party Site is at your own risk, and is subject to the terms and conditions for such Third Party Site.
7. PAYMENT, SUBSCRIPTION, CANCELLATION AND REFUND POLICIES.
1. Payment Information. If you use My Caddy's Online Payment Service or otherwise use any of My Caddy's fee-based Services, you agree to My Caddy storing your payment card information. Users are responsible for maintaining current and accurate payment card information associated with their accounts. Without limiting Section 5.a., My Caddy may terminate a User’s account if the User’s payment card information is expired or is otherwise invalid.
2. Caddy Cancellation Policy. Caddy’s must cancel no later than 24 hours of agreed job (unless job is booked within 24 of tee time). Job’s booked within 24 hours must be canceled in a timely manner as to allow a replacement Caddy acceptable to the player. Any cancellation made by the Caddy inside 24 hours must be communicated directly to the Player immediately and must resolve the matter by 1) Offering to replace said Caddy with another qualified Caddy, 2) Ask the Player if they would like to book another Caddy on their own. If a Caddy does not show up for a job the Caddy will be charged directly by My Caddy $100 to their stored debit/ credit card, which will go directly to the Player. The Caddy will also be taken off the Services and will no longer be available to view or book. The Player will also receive a free Caddy service on their next booking courtesy of My Caddy.
3. Player Cancellation Policy. Player’s must cancel no later than 24 hours of agreed job. Any job request accepted inside 24 hours must be canceled no later than 2 hours prior to tee time. A failure to do so will result in a $25 booking fee to be paid to My Caddy for direct deposit to Caddy. This fee will be charged to the credit card/debit card on file for the Player.
8. ONLINE PAYMENT SERVICE.
My Caddy offers an online payment service (“Online Payment Service”) to facilitate payments from Players to Caddy’s. The Online Payment Service may be subject to availability based on geographic area. Caddy’s must accept payments through the Online Payment Service and, where available, Players’ booking with Caddies may choose to make payments online to Caddies. Please refer to My Caddy’s Online Payment Terms and Conditions for additional information and terms and conditions governing use of this service.
9. FORCE MAJUERE.
In case of force majeure, we are not obliged to fulfil our obligations. In that case we may either suspend our Services for the duration of the state of force majeure or definitely repudiate the Terms and any other agreements incorporated by reference.
Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include, but are not limited to, strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the Site, or the unavailability of the Services.
10. PROMOTIONAL OFFERS AND CREDITS.
From time to time, My Caddy may offer special promotions, credits, awards or discounts (“Promotions”). All Promotions will be run at the sole discretion of My Caddy, and can be modified or terminated at any time by My Caddy with or without advance notice. Promotions may be offered on a limited time basis and may be subject to certain restrictions, terms and conditions (which will be described at the time of the Promotion). As part of a Promotion, My Caddy may offer fee or reward credits to its Users. Fee or reward credits are non-transferrable, not redeemable for cash, and may be subject to other terms and conditions.
11. INTELLECTUAL PROPERTY RIGHTS.
1. Unless otherwise noted all materials, including images, illustrations, designs, coding, software, icons, photographs, sounds, video clips, written, and other materials that appear as part of the Services are copyrights, patents, trademarks, trade dress and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by My Caddy. The Services as a whole are protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned by My Caddy. The material and content accessible from this Site and any other website or mobile application owned, operated, licensed, or otherwise controlled by My Caddy is the proprietary information of My Caddy or the party that provided or licensed the content to My Caddy, whereby such providing party retains all rights, title and interest in the content. Accordingly, the content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of My Caddy. Modification or use of the content except as expressly provided in these Terms violates My Caddy’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.
Content License. As part of the Services, we may, in our sole discretion, permit you to post, upload, publish, submit or transmit certain content (“Your Materials”). We may also post a photograph, logo, or other trademarked or copyrighted materials of your company or school (“Your Image”). By making available any of Your Materials on or through the Services or if we make available Your Image on or through the Services, you (i) hereby grant to My Caddy the right to use Your Materials and Your Image as necessary to provide the Services, promote the Services and improve the Services, and (ii) waive any and all moral rights that you may have in and to Your Materials and Your Image with respect to these uses. My Caddy does not claim any ownership rights in any of Your Materials and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any of Your Materials. If you do not want to grant us permission to use Your Material or Your Image in accordance with these Terms, please do not post, upload, publish, submit or transmit Your Materials or Your Image.
Copyright Policy. You acknowledge and agree that you are solely responsible for all of Your Materials that you make available through the Services. You represent and warrant that: (1) you either are the sole and exclusive owner of all of Your Materials that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to My Caddy the rights in Your Materials, as contemplated under these Terms; and (2) neither Your Materials nor your posting, uploading, publication, submission or transmittal of Your Materials or My Caddy’s of Your Materials or Your Image (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate any patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
If any disputes or disagreements arise between a Player and a Caddy relating to the services provided by Caddy or payments made by or due from Player, the Player and the Caddy are responsible for contacting My Caddy to resolve any such disputes directly with each other.
13. DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF MY CADDY AND ITS AFFILIATED PARTIES. “AFFILIATED PARTIES” SHALL BE DEFINED AS ANY OF MY CADDY’S SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES. EACH OF THE SUBSECTIONS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
1. "AS-IS" BASIS. My Caddy provides the Site on an "AS IS" and "AS AVAILABLE" basis. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.
2. NO WARRANTIES; RELEASE. MY CADDY GRANTS NO WARRANTIES OF ANY KIND, whether express or implied, statutory or otherwise with respect to the Users, the Services, or the Site (or any information contained in the Site). My Caddy does not grant any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. MY CADDY DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION AND MATERIALS ON THE SITE OR PROVIDED OR OBTAINED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, INFORMATION CONTAINED IN VERIFICATION REPORT, REGARDLESS OF WHETHER ORDERED BY A USER OR MY CADDY. My Caddy does not warrant that your use of the Site or Services or that information on the Site will be secure, uninterrupted, error-free, available, accurate, or that any defects in the Site will be corrected. My Caddy makes no warranties about the connectivity and continued availability of the Site or Services.
YOU AGREE TO RELEASE MY CADDY AND ITS AFFILIATED PARTIES FROM ANY CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR USE OF THE SITE, (II) YOUR USE OF THE SERVICES, (III) ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND OTHER USERS, OR (IV) ANY BACKGROUND OR VERIFICATION REPORT, REGARDLESS OF WHETHER ORDERED BY A USER OR MY CADDY.
3. USER CONTENT. MY CADDY MAKES NO CLAIMS OR PROMISES about (i) the opinions, advice, statements, reviews, or other information or content made available on the Site or through the Services by Users, or (ii) the accuracy, completeness, or usefulness of any information on the Site or available through the Services.
4. LIMITATION OF LIABILITY. IN NO EVENT WILL MY CADDY OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM (I) INTERACTIONS WITH OTHER USERS OF THE SITE, WHETHER ONLINE OR OFFLINE, (II) YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR TRANSMITTED TO OR BY ANY USER OF THE SITE OR SERVICES, AND (III) REVIEWS OR COMMENTS MADE ABOUT YOU ON THE SITE BY OTHER USERS.
5. NO CONSEQUENTIAL DAMAGES. YOU AGREE THAT NEITHER MY CADDY NOR ITS AFFILIATED PARTIES HAS ANY LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF OR DAMAGE TO REPUTATION, OR (IV) LOSS OF INFORMATION OR DATA.
6. MAXIMUM LIABILITY. WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS OF SERVICE, MY CADDY’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES YOU SUFFER IN CONNECTION WITH THE SITE, THE SERVICES OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO MY CADDY IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (II) $100.
7. SOLE AND EXCLUSIVE REMEDY. YOUR ONLY RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION OF YOUR ACCOUNT AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
You agree to indemnify, defend and hold harmless My Caddy and its Affiliated Parties from and against any and all claims, losses, expenses, demands or liability, including attorneys' fees and costs incurred by My Caddy and its Affiliated Parties in connection with any claim by a third party (including an intellectual property claim) arising out of (i) your use or misuse of, or inability to use, the Site or Services, (ii) any materials and content you submit, post or transmit through the Site, (iii) your violation of these Terms of Service or your violation of any rights of a third party, (iv) your interactions with or conduct towards any other Users, (v) your violation of any applicable law, rules or regulations or (vi) information contained in any background or verification report, regardless of whether ordered by a User or My Caddy. You agree that you will cooperate as reasonably requested by My Caddy in the defense of such claims. My Caddy and its Affiliated Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users.
15. DIGITAL MILLENNIUM COPYRIGHT ACT.
My Caddy respects the intellectual property rights of others and expects its Users to do the same. My Caddy may remove content that, in its sole discretion, appears to infringe the intellectual property rights of others. In addition, My Caddy, in its sole and absolute discretion, may terminate the accounts of Users who infringe the intellectual property rights of others. If you believe any materials on the Site infringe your copyright, you may request removal of those materials from the Site by contacting My Caddy at email@example.com and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
16. GENERAL PROVISIONS.
1. Governing Law and Jurisdiction. California law governs these Terms of Service, as well as any claim, cause of action or dispute that might arise between you and My Caddy, without regard to conflict of law provisions. For any such claim, cause of action or dispute, you agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, City and County of San Diego.
2. No Joint Venture or Partnership. Nothing in these Terms of Service may be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. My Caddy is not an employment service or agency, and does not serve as an employer or referral source for any User.
3. Severability. If any provision of these Terms of Service is held unenforceable, then such provision will be modified to reflect the parties’ intention, and all remaining provisions of these Terms of Service shall remain in full force and effect.
4. Complete Agreement. These Terms of Service contains the entire agreement between you and My Caddy regarding the use of the Site and Services, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not contained in these Terms of Services.
5. Waiver. A waiver by My Caddy of any breach or default shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of My Caddy to enforce or exercise any of the provisions hereof shall not be construed to be a waiver of the right of My Caddy thereafter to enforce such provisions.
6. Assignment. You shall not have the right to assign these Terms, any documents incorporated by reference or any part of the results and proceeds to any third party. My Caddy may assign these Terms at their sole discretion to any other party.
7. Geographical Use. Although this Site may be accessible worldwide, we make no representation that materials on this Site or the services provided through this Site are appropriate or available for use in locations outside the United States of America. We make no claims that the Site or any of the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws
8. Contact Information. If you have any questions or need further information as to the Site or the Services, or need to notify My Caddy as to any matters relating to the Site or Services please contact My Caddy at: My Caddy, P.O. Box 27521 San Diego, CA 92128 firstname.lastname@example.org.