Terms

These Terms of Service govern your access to and use of the My Caddy website and mobile applications (collectively, the “Site”) and any services (the “Services”) offered on the Site. This is a legal agreement between you and My Caddy, corp. (“we”, “us” or “My Caddy”). The Privacy Policy and Terms and Conditions for Payment Service are incorporated by reference.

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

2. Eligibility

3. Use of Site and Services

4. User Content and Communication Rules and Guidelines

5. Termination

6. Third Party Sites

7. Payment, Subscription, and Refund Policies

8. Online Payment Service

9. SMS Text Message Alert Service

10. Promotional Offers and Credits

11. Intellectual Property Rights

12. Disputes

13. Disclaimer of Warranty and Limitation of Liability

14. Indemnification

15. Digital Millennium Copyright Act

16. Compensation And Fees

17. 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.

2. ELIGIBILITY.

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.

1. Registration and Account Information. When you register for the Site, you will be asked to create an account and to provide us with certain information about yourself and/or your golf facility (your "Information"). Your Information will be used in accordance with My Caddy's Privacy Policy. You are responsible for providing accurate, current and complete information in connection with your account registration, including the information provided through any online social platform used to register with the Site.

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.

7. Privacy Policy. You represent that you have read and understood our Privacy Policy.

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 support@mycaddy.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.

5. TERMINATION.

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.

12. DISPUTES.

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.

14. INDEMNIFICATION. 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 support@mycaddy.org 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. COMPENSATION AND FEES-

1.Caddy will be charged a $25 booking fee by MC for each assignment where the client pays the Caddy direct. For assignments accepted at golf courses where MC must bill direct, the booking fees Caddy must pay will vary.

17. 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 support@mycaddy.org.