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Terms and Conditions of Use

Welcome to the BirdieFire.com web site (the “Site”). This Site is offered to you (including your team or organization and all of those you may use this Site and/or any service or product supplied by BirdieFire, “you”) by BirdieFire conditioned on your acceptance, without modification, of the terms, conditions, policies and notices contained in these Terms and Conditions of Use (the “Terms”).  In addition, these Terms apply to BirdieFire customer agreements and arrangement, to customer accounts and the establishment and maintenance thereof, and to all BirdieFire mobile applications and other software applications that are not available to non-customers or account holders, to the extent applicable.  Unless the context requires otherwise, the term “Site” includes all such mobile and other software applications offered and/or provided by BirdieFire.

1. Acceptance of Contract Terms

Please read these Terms carefully before using this Site. If you do not agree to all of the notices, terms and conditions contained in these Terms, do not use this Site or any BirdieFire mobile or other software application or sign up for any BirdieFire service. By accessing and using this Site in any way, including without limitation, browsing this Site, using any information, using any content, using any services, downloading any materials, and/or placing an order for products or services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Tennessee law.

2. Copyright and Trademark Notices

As long as you comply with these Terms and any modifications thereto, BirdieFire grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited right to enter and use the Site. All contents of this Site and all other mobile and software application to which you are provided access are copyrighted and all rights are reserved. This Site contains copyrighted material, trademarks and other proprietary information including without limitation, text, software, photographs, graphics, and/or sound, and the entire contents of this Site are copyrighted as a collective work under the United States copyright laws.  BirdieFire owns a copyright in the selection, coordination, arrangement, enhancement and “look and feel” of this Site.  You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content contained on this Site without the express written permission of BirdieFire.  You acknowledge that BirdieFire and/or third-party content providers remain the owners of all materials, service marks and trademarks posted on this Site, and that you do not acquire any of those ownership or license rights therein.  The BirdieFire trademarks may be used only with prior written permission from BirdieFire. The use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Framing, inline linking or other association of this Site or BirdieFire with links, advertisements and/or other information not originating from BirdieFire is expressly prohibited. Third party trademarks, trade names, logos, product or service names contained on this Site may be the trademarks, registered or unregistered, of their respective owners.

3. BirdieFire Accounts

      (a)  User Membership.  As part of the member registration process, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form.  You also will receive a password and login name or will be asked to provide an email address in connection with account log in. You are entirely responsible for maintaining the confidentiality of your password and other account information. BirdieFire will not be liable for any loss that you may incur as a result of someone else using your login, password or account, either with or without your knowledge. However, you could be held liable for losses incurred by BirdieFire or another party due to someone else using your login, password, or account. You may not use anyone else’s account at any time, without the permission of the account holder. Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate termination of your account.

      (b)  User Responsibility for Account Use. You may NOT share your password or account with others or to any third party. Corporate visitors must have one account for each participating employee; employees may not share accounts. You shall notify BirdieFire at info@birdiefire.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including but not limited to loss, theft or unauthorized disclosure of your password. You are responsible for all usage or activity on your BirdieFire.com account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your account, at BirdieFire’ sole discretion and BirdieFire may refer you to appropriate law enforcement agencies.  Without limiting the foregoing, [1] harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden; [2] impersonation of others, including a BirdieFire or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited; [3] you may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law; and [4] you may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

      (c)  Account Termination.  BirdieFire may, in its sole discretion, terminate or suspend your access to all or part of this Site and any services offered through this Site for any reason, including, without limitation, breach or any purported assignment of these Terms, lack of use, or if BirdieFire believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Further, you agree that BirdieFire shall not be liable to you or any third-party for any termination of your access to this Site or your account.

      (d)  Subscription Cancelation.  You may cancel your subscription at any time by logging into your account and selecting 'cancel' next to the service or services you would like to cancel.  If you have lost your password or the ability to login you can contact BirdieFire support and they will assist you in canceling your subscription services.

4. Disclaimers

     (a)    YOUR USE AND BROWSING OF THIS SITE IS AT YOUR RISK. BIRDIEFIRE MAKES NO GUARANTEE OF AVAILABILITY OF THIS SITE OR ANY SERVICES OFFERED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS, WHERE IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  BIRDIEFIRE DOES NOT WARRANT THAT THIS SITE OR THE CONTENT CONTAINED HEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY DEFECTS WILL BE CORRECTED, NOR IS ANY RESPONSIBILITY ASSUMED FOR INCORRECT OR INACCURATE CAPTURE OF INFORMATION, INCLUDING BUT NOT LIMITED TO MALFUNCTIONS, HUMAN ERROR, LOST/DELAYED/GARBLED DATA OR TRANSMISSIONS, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURES OF ANY COMMUNICATIONS, EQUIPMENT, SOFTWARE OR ANY COMBINATION THEREOF.  BIRDIEFIRE MAKES NO WARRANTY THAT THIS SITE WILL MEET ANY USER’S REQUIREMENTS.  NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS SITE.

     (b)    BIRDIEFIRE DOES NOT PROMISE OR GUARANTEE ANY RESULTS WITH RESPECT TO GOLFING IMPROVEMENT OR CONSISTENCY.  MORE SPECIFICALLY, NEITHER BIRDIEFIRE NOR YOUR USE OF BIRDIEFIRE SERVICES AND/OR PRODUCTS (INCLUDING THIS SITE AND ANY MOBILE APPLICATIONS OR OTHER SOFTWARE) GUARANTEES [1] ANY IMPROVEMENT IN YOUR OR YOUR TEAM’S OR ORGANIZATION’S GOLF GAME OR ANY ASPECT THEREOF OR HANDICAP(S) OR SCORING AVERAGE OR [2] ANY OTHER RESULTS WHATSOVER.  YOU ACKNOWLEDGE AND AGREE TO THE FOREGOING AND WAIVE ANY CLAIMS WITH RESPECT THERETO.

5. Limitation of Liability

IN NO EVENT SHALL BIRDIEFIRE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SPONSORS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DIRECT DAMAGES THAT EXCEED THE AMOUNT PAID BY YOU TO BIRDIEFIRE FOR ITS SERVICES IN THE 12 MONTHS PRECEDING THE ACTION GIVING RISE TO LIABILITY (IF ANY) ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO OR OTHERWISE PROVIDED BY BIRDIEFIRE (INCLUDING MOBILE APPLICATIONS AND ALL OTHER SOFTWARE APPLICATIONS), INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF BIRDIEFIRE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BIRDIEFIRE ALSO ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF, OR BROWSING OF THIS SITE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

6. Typographical Errors

Considerable effort is made to ensure the accuracy of all content on the Site. However, neither BirdieFire nor its employees makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, products, product information or any other materials accessible through this Site.  All terms, prices, configurations and specifications are subject to change without notice or obligation.

In the event that any product offered on this Site by BirdieFire is mistakenly listed at an incorrect price, BirdieFire reserves the right to refuse or cancel any orders placed for such products listed at the incorrect price. BirdieFire reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, BirdieFire shall issue a credit to your credit card account in the amount of the incorrect price.

7. Conditions of Sale; Sales Tax Policy

To purchase any goods and/or services on our Site, you must be at least 18 years of age or the applicable age of majority.  If under the age of 18 or the applicable age of majority, parents or legal guardians must purchase any such goods and/or services and/or hold the account or their permission must be granted in order to do so.  BirdieFire presumes compliance with the foregoing unless expressly informed otherwise.  Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card.  By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience at the beginning in connection with such purchase, including in connection with any service renewals unless you cancel any such renewal in accordance with BirdieFire’s terms. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.

8. Site Communications

Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit may be used by BirdieFire or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, BirdieFire shall be free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing and marketing products or services using such information.

9. Off-Site Content

This Site may contain links to other web sites, resources or third-parties (“Linked Sites”) from time to time.  BirdieFire does not, however, control these independent web sites and does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with such sites, their products or their services.  You acknowledge and agree that BirdieFire has no responsibility for the accuracy or availability of information provided by Linked Sites.  Links to Linked Sites are provided as a convenience to you, and BirdieFire is not responsible for the availability of such external sites and linking to Linked Sites does not constitute an endorsement by or association with BirdieFire of such sites, or the products, services or other materials presented on such Linked Sites.  BirdieFire does not author, edit, or monitor these Linked Sites, their terms of use or their privacy practices.  Therefore, BirdieFire 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 any Linked Sites.

10. Indemnification

You agree to indemnify, defend and hold BirdieFire, its officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages and/or costs, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site, including any use by your employees, your connection to this Site, your violation of these Terms, your infringement (or infringement by any other user of your login) of any intellectual property or proprietary right of any person or entity, or your violation (or any violation by any other user of your login) of the rights of another. You shall cooperate as fully as reasonably required in the defense of any such claim. BirdieFire reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

11. Jurisdiction and Venue

BirdieFire controls and operates this Site from the United States of America.  BirdieFire does not represent that materials on this Site are appropriate or available for use in other locations.  Persons or entities who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Information on this Site may include description of products and services that may be available in the United States of America only. You agree that any legal action brought against BirdieFire shall be governed by the laws of the State of Tennessee without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of this Site or orders made through this Site shall be an appropriate federal or state court located in Davidson County, Nashville, Tennessee.

12. Modifications to this Site

BirdieFire has the right to modify this Site and any services offered through this Site as described in these Terms and to change, suspend, or discontinue any aspect of this Site at any time, including the availability of any Site feature, database or content. BirdieFire may also impose limits on certain features and services or restrict your access to parts or this entire Site without notice or liability.

13. No Waiver

The failure of BirdieFire to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  If any provision contained in these Terms is found by a court of competent jurisdiction to be unlawful, invalid, or for any reason unenforceable, the parties nevertheless agree that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intention of BirdieFire and that provision of these Terms shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

14. Entire Agreement

This Agreement constitutes the entire understanding between BirdieFire and you with respect to this Site and the subject matter hereof, and supersedes all previous agreements between the parties with respect to such subject matter, whether written or oral.  The parties hereto specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. Neither the course of conduct between the parties hereto nor trade practice shall act to modify these Terms.  BirdieFire may assign its rights and duties under these Terms to any party at any time without notice.  The section headings used herein are for convenience only and shall not affect the interpretation of these Terms.

15. Terms Revisions

BirdieFire reserves the right to modify these Terms. BirdieFire will post any changes to these Terms on this page. Continued use of this Site after such postings shall be deemed an acceptance to be bound by the notices, terms and conditions of the modified Terms.

16. Notice

BirdieFire may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to BirdieFire.

If you have any questions about these Terms, the practices of BirdieFire, or your dealings with this Site, please contact us at info@birdiefire.com.