Terms and Conditions of Use
Welcome to HolidayPartyCalculator.com (the Site�). This Site is owned by American Golf Corporation, whose registered office is 2951 28th Street, Santa Monica, California 90405. References to the terms �we� and �us� in these Terms and Conditions of Use refer to American Golf Corporation, its parents, subsidiaries, and affiliates, and each of their officers, shareholders and employees.
BY ACCESSING, USING, OR DOWNLOADING MATERIALS FROM THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE (�TERMS�), JUST AS IF YOU HAD SIGNED THESE TERMS IN A PAPER CONTRACT. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THIS SITE. OUR SITE IS NOT INTENDED FOR INDIVIDUALS UNDER THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE (TYPICALLY 18).
The information on this Site is provided without charge as a convenience to visitors, to be used only for informational purposes. While we have tried to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors, for which we apologize. We reserve the right to make changes and corrections at any time, without notice.
Legal Disclaimer. THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED �AS IS,� �AS AVAILABLE,� AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Further, we do not warrant that the functions contained in the materials on this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the servers that make such materials available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the materials on this Site in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction. We may make changes to the materials and services at this Site, including the temporary or permanent cessation of all or any portion of this Site, at any time without notice. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
Promotional Offers. Through the Site, we may provide you with access to certain promotional offers, classifieds or other games or contests, provided by us or a third party participating on our Site (each a �promotional offer�) which relate to certain events, products and/or services. If you participate in a promotional offer through the Site, you may be presented with certain coupons, confirmations or other indicia related to the particular promotional offer which may relate to a discount on certain events, products or services or some other benefit (each, a �confirmation�). Our Site has a finite, and therefore limited, capacity and some confirmations and/or responses to your communications in relation to promotional offers may not be processed in a timely fashion. You acknowledge and agree we assume no liability, responsibility or obligation to transmit, process, store, receive or deliver any confirmations or other communications regarding promotional offers or for any failure, inaccuracy or delay in such receipt or delivery. Do not rely on the timeliness or performance of our Site for any confirmations, transactions or other communications. We take no responsibility for any promotional offer, confirmations, or the events, products and/or services for which a confirmation may be redeemed including, without limitation, one of our member courses and/or any third party�s failure to, wholly or in part, honor any promotional offer or redeem any confirmation. We make no warranty to any user with respect to the quality, safety, usability, or other aspect of the event, product and/or service for which the confirmation may be redeemed or otherwise related to a promotional offer. The party extending the promotional offer sells and/or provides the event, products and/or services relating to a promotional offer and, as between us and such party, is solely responsible with respect to such events, products and/or services. So, if you have a customer service issue relating to an event, product and/or service obtained in connection with a promotional offer, you must contact that individual party and not us. Some promotional offers may provide a discount for services or activities that involve a potential risk of bodily harm. For such services or activities, we assume no responsibility and, as between you and us, you hereby accept full risk and responsibility for your own actions in utilizing the products and/or services and/or participating in the events for which the promotional offer can be redeemed.
Our Liability to You. You assume all responsibility and risk for the use of this Site. Decisions based on information contained in this Site are your sole responsibility, and in exchange for using this Site you agree to hold us harmless against any claims for damages arising from any decision you make based on such information. in no event shall we be liable for any damages whatsoever, whether direct, indirect, special, consequential, exemplary, or punitive (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or in any way in connection with the use, inability to use, or the results of use of this Site, any promotional offers, any web sites linked to this Site, or the materials or information or services contained at any or all such Sites. These limitations apply whether a claim is based on warranty, contract, tort, strict liability, statute, or any other legal theory, and whether or not you were advised of the possibility of such damages, except for cases of gross (but not ordinary) negligence or willful misconduct on the part of us. If your use of the materials, information, or services from this Site results in the need for services, repair, or correction of equipment or data, you assume all costs thereof.
Your Sole Remedy. IF YOU ARE DISSATISFIED WITH THIS SITE, ANY PROMOTIONAL OFFER, ANY SERVICE PROVIDED HEREON, OR ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
Applicable Laws, Jurisdiction and Venue. We make no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptations in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, USA, WITHOUT GIVING EFFECT TO ANY choice of law rules which may direct the application of the laws of any other jurisdiction. Any dispute in connection or relating to your use of this Site shall be heard only in a federal or state court of competent jurisdiction located in Los Angeles County, California. By using this Site, you irrevocably consent to the jurisdiction of such courts. If any of the terms stated herein are found to be unlawful or unenforceable for any reason, that provision will be severable from the rest of these terms and shall not affect the enforceability of the remaining terms. These terms constitute the entire agreement between us with respect to your use of the Site, and these terms may only be amended in a writing signed by an officer of American Golf Corporation or by American Golf Corporation posting such amendment on this Site. A printed version of these terms shall be admissible in judicial or administrative proceedings based upon or relating to these terms or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
No Endorsement. References in this Site to any products, services, processes, hypertext links, or other information, by trade name, trade mark, manufacturer, supplier, or otherwise, do not necessarily constitute or imply our endorsement, sponsorship, or recommendation.
Framing and Deep Linking Prohibited. You may not frame this Site nor provide a link to a page other than the home page of this Site without our express permission.
Copyright Notice. You are responsible for obeying all applicable copyright laws. We permit you to copy materials published on this Site for your personal, non-commercial use or use within the organization that employs you. American Golf�s name, logos, and trademarks may not otherwise by used in any manner without the prior written consent of American Golf.
Except as otherwise noted, all the contents of this Site and downloads from it are copyrighted by American Golf Corporation. Any rights not expressly granted herein are reserved.
General. We may revise these Terms at any time by updating this posting. You are advised to visit this page from time to time to review the then-current terms because they are legally binding on you. Certain provisions of these terms may be superseded by expressly designated legal notices located on particular pages at this Site or by terms of any written contracts between the you and American Golf Corporation or any of its affiliates.