This online application is used solely for the purpose of purchasing an annual Membership ("Membership"). The Membership is provided by Lost Creek Golf Club, whose principal office is located at 824 Milligan Way, New Market, Tennessee, 37820 ("Lost Creek").
This legal agreement is made between You and Us ("Agreement"). Please read this Agreement carefully before submitting the application for Membership. By submitting the application, You become a Lost Creek member ("Member"), and You agree to be bound by the terms and conditions of this Agreement for as long as You continue to be a Member. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT SUBMIT THE APPLICATION. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE BY US, AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON OUR WEB SITE.
In this Agreement the following words have the following meanings unless the context requires otherwise:
"Agreement" means the agreement between You and Us incorporating these terms and conditions for the provision of the Membership, as amended from time to time in accordance with the terms and conditions set forth herein;
“We, Us, Our" means Lost Creek; and
"You, Your, Yourself" means the person who registers for the Service, accepts the terms and conditions of this Agreement and whose application for membership of the Service is accepted by Us.
ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS. By becoming a Member, You represent and warrant that You are at least 18 years old. By using this Web site, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
REGISTRATION AND SUBSCRIPTION: To become a Member, You must submit an application for Membership. When and if You register to become a Member, You agree to provide accurate, current and complete information, as prompted by Our Membership Application ("Membership Application"). You agree that We may rely on Your Membership Application as accurate, current and complete. You acknowledge that if Your Membership Application is untrue, inaccurate in any respect, We reserve the right to terminate Your Membership and, in such event, You shall not be entitled to a refund of any unused subscription fees.
TERM AND TERMINATION: This Agreement will remain in full force and effect while You use are a Member. You may terminate Your Membership at any time, for any reason upon receipt by Us of Your written or email notice of termination. We may terminate your membership at any time, for any reason, with or without explanation, effective upon sending written or email notice to You. Upon such termination by Us without cause, We shall refund, pro rata, any unused portion of any Membership payments that We have received from You. In the event that (a) You terminate your Membership or (b) We determine, in our sole discretion, that You have violated this Agreement or our posted Privacy Policy, You shall not be entitled to nor shall We be liable to You for any refund of any unused portion of any Membership payments We have received from You, and We may continue to bar Your use of the Membership in the future. Even after Membership is terminated, this Agreement will remain in effect.
YOUR USE OF THE SERVICE: As a Member, You agree that You will use the Membership in a manner consistent with any and all applicable laws and regulations.
We are entitled to investigate and terminate Your membership if You have misused Your Membership, or our web site, or behaved in a way which could be regarded as inappropriate, unlawful or illegal. The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited under this Agreement:
(a) You will not express or imply that any
statements You make are endorsed by Us, without Our specific prior written
consent.
(b) You will not use any robot, spider, site search/retrieval application, or
other manual or automatic device or process to retrieve, index, "data mine," or,
in any way reproduce or circumvent the navigational structure or presentation of
the web site or its contents.
(c) You will not post, distribute or reproduce, in any way, any copyrighted
material, trademarks, or other proprietary information without obtaining the
prior consent of the owner of such proprietary rights.
(d) You will not remove any copyright, trademark or other proprietary rights
notices contained in the Service.
(e) You will not interfere with or disrupt the web site, servers or networks
connected to the web site.
(f) You will not post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment.
(g) You will not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any information transmitted through the web site.
(h) You will not "frame" or "mirror" any part of the web site, without Our
specific prior written consent.
(i) You will not use meta tags or code or other devices containing any reference
to Us or the web site in order to direct any person to any other web site for
any purpose.
(j) You will not modify, adapt, sublicense, translate, sell, reverse engineer,
decipher, decompile or otherwise disassemble any portion of the web site or any
software used on or for the web site or cause or enable others to do so.
INDEMNITY BY MEMBER: You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and third parties harmless, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Your use of the Membership, including:
(I) Your breach of this Agreement; (II) any allegation that any materials that You submit to Us or transmit to the web site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (III) Your activities in connection with the Membership. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
INTELLECTUAL PROPERTY: All intellectual property rights in and to the web site are and shall be owned by Us, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same.
PRIVACY: The personal information (including sensitive personal information) You provide to Us will be stored on computers. You also agree to read, review, comply with, uphold and maintain Our Privacy Policy and the terms and conditions thereof. If you are located outside of the United States, please note that the information that you provide is being sent to the United States. By becoming a Member of Lost Creek, you consent to your data being sent to the United States and to such other third parties and jurisdictions as may be involved in the provision and operation of Lost Creek.
DISCLAIMERS: WE PROVIDE THE MEMBERSHIP ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE MEMBERSHIP. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Although each Member must agree to Our terms and conditions, We cannot guarantee that each member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the web site by persons under the age of 18 in violation of this Agreement. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS (INCLUDING UNAUTHORIZED USERS).
LIMITATION OF LIABILITY: IN
NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF
PROGRAMS, ARISING OUT OF THE USE OF OR INABILITY TO USE OUR WEB SITE, EVEN IF WE
OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT
PAID, IF ANY, BY YOU DURING THE TERM OF YOUR MEMBERSHIP.
WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS REGISTERING
THROUGH OUR WEB SITE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY
DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE
USE OF OUR WEB SITE.
COMPLAINTS: To resolve a complaint regarding the web site or Your membership, You should first contact Our customer service department by clicking: contact us.
DISPUTE RESOLUTION: This Agreement is governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Tennessee, City of New Market. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
You certify that You have read and that You agree to be bound by the terms and conditions in this Agreement and our Privacy Policy.