Acceptance of Terms
1. Permitted Use
1. Registration, Accounts and Passwords
You agree to (1) provide true, accurate, current and complete data about yourself on the Clublistnow.com registration form ("Registration Data") and (2) promptly update the Registration Data to keep it true, accurate, current and complete. If you fail to do any of these things, Clublistnow.com will have the right to suspend or terminate your use of the Service and/or terminate your account. You will receive a password and account upon completing the registration form. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not. You agree to (a) immediately notify Clublistnow.com of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account each time you use the Service. Access and use of password protected and/or secure areas of the Service is restricted to users who have been given a valid password by Clublistnow.com. Unauthorized individuals attempting to access these areas of the Service may be subject to prosecution.
Clublistnow.com respects the privacy of its members. Clublistnow.com will not monitor, edit, or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless Clublistnow.com has a good faith belief that such action is necessary to:
• conform to legal requirements or comply with legal process;
• protect and defend the rights or property of Clublistnow.com;
• enforce the TOS; or
• act to protect the interests of Clublistnow.com members or others.
You agree that Clublistnow.com may access your account, including its contents, as stated above or to respond to service or technical issues.
A detailed description of the terms of purchase through the Service are set forth in our Purchase Policy, located at [link]. You agree that all purchases made by you on the Service cannot be exchanged and are non-refundable. All purchases are subject to Clublistnow.com's service fees and charges, which are also non-refundable. You will be responsible for paying all applicable taxes in connection with your purchase of any tickets. You may not be able to use tickets purchased on the Service if you do not follow our Purchase Policy.
1. User Conduct
1. Grant of Limited License
If you post any content to the Service, you hereby grant Clublistnow.com and its affiliates and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to Clublistnow.com the license set forth in this section without infringing or violating the rights of any third party.
Clublistnow.com respects the intellectual property of others, and we ask our users to do the same. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, Clublistnow.com may, in its sole discretion, investigate the allegation and/or edit, remove or request the removal of such content. Notwithstanding the foregoing, Clublistnow.com does not ensure that any such content will be edited or removed. Clublistnow.com may terminate the accounts of users who infringe the intellectual property rights of others.
Therefore, and in compliance with 17 U.S.C.A§ 512, if you believe that any such third party materials infringe your intellectual property rights, please contact the following agent to request a review of the alleged infringement: Clublistnow.com, [c/o Clublistnow, LLC., Attn: President, 10755 Scripps Poway Parkway #391, San Diego, CA 92131.
1. Proprietary Rights
Clublistnow.com owns all right, title and interest in and to the Service and all materials and content contained in the Service, including, without limitation, all content, site design, logos, button icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of the materials provided as part of the Service is strictly prohibited.
Permission is granted to individual consumers to electronically copy and to print hard copy portions of the Site or other Service solely for personal use. Any other use of materials on the Site or other Service, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Clublistnow.com is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of an authorized officer of Clublistnow.com.
Clublistnow.comSM is a proprietary service mark of [name of LLC]. Clublistnow.com's service marks/trademarks may not be used in connection with any product or service that is not provided or authorized by Clublistnow.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Clublistnow.com.
1. DISCLAIMER OF WARRANTIES
CLUBLISTNOW.COM PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. CLUBLISTNOW.COM, ITS AFFILIATES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, CLUBLISTNOW.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED AND (vi) THE SERVICE WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SERVICE IS SOLELY AT YOUR RISK.
1. EXCLUSION OF DAMAGES
CLUBLISTNOW.COM, AND ITS SUBSIDIARIES AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF CLUBLISTNOW.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING, CLUBLISTNOW.COM WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH SECTION 3 (REGISTRATION, ACCOUNTS AND PASSWORDS) OR (2) CONTENT POSTED TO THE SERVICE BY YOU OR ANY THIRD PARTY.
1. LIMITATION ON LIABILITY
1. APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, CLUBLISTNOW.COM'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH IN SECTION 10 MAY NOT APPLY TO YOU.
1. THIRD-PARTY WEB SITES
THE THIRD-PARTY WEB SITES LINKED TO OR FROM THE SERVICE ARE NOT CONTROLLED BY CLUBLISTNOW.COM. ACCORDINGLY, CLUBLISTNOW.COM MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEB SITES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH WEB SITES. YOUR USE OF THIRD-PARTY WEB SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICE OF A LINK TO A THIRD-PARTY WEB SITE DOES NOT IMPLY AN ENDORSEMENT BY CLUBLISTNOW.COM.
In its sole and absolute discretion, with or without notice to you, Clublistnow.com may (1) suspend or terminate your use of the Service, or (2) terminate your account. You may terminate your account for any reason by emailing Clublistnow.com at unsubscribe@Clublistnow.com. Clublistnow.com shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Service.