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AccelGolf Terms of Service

By using the mcaddie.com / oddpar.com / accelgolf.com web site (“Service”), all services of mCaddie, Inc. (“mCaddie, Inc.”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

mCaddie, Inc. reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.accelgolf.com/terms-of-use

Violation of any of the terms below will result in the termination of your Account. While mCaddie, Inc. prohibits such conduct and Content on the Service, you understand and agree that mCaddie, Inc. cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

  1. Account Terms

    1. You must be 13 years or older to use this Service.
    2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
    3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
    4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
    5. You are responsible for maintaining the security of your account and password. mCaddie, Inc. cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
    6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
    7. If you are using a free account you are not permitted to block ads.
    8. One person or legal entity may not maintain more than one free account.
    9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

  2. API Terms

    Customers may access their AccelGolf account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses mCaddie, is bound by the terms of this agreement plus the following specific terms:

    1. You expressly understand and agree that mCaddie, Inc. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if mCaddie, Inc. has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
    2. Abuse or excessively frequent requests to AccelGolf via the API may result in the temporary or permanent suspension of your account's access to the API. mCaddie, Inc., in its sole discretion, will determine abuse or excessive usage of the API. mCaddie, Inc. will make a reasonable attempt via email to warn the account owner prior to suspension.
    3. mCaddie, Inc. reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
    4. mCaddie, Inc. in its sole discretion, reserves the right to charge one-time or monthly fees for access to the API.

  3. Cancellation and Termination

    1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
    2. All of your Content may be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled. mCaddie, Inc. accepts no responsibly for the storage and data integrity of your content upon cancellation.
    3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
    4. mCaddie, Inc., in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other mCaddie, Inc. service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. mCaddie, Inc. reserves the right to refuse service to anyone for any reason at any time.

  4. Modifications to the Service and Prices

    1. mCaddie, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
    2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the AccelGolf Site (www.AccelGolf.com / www.mCaddie.com) or the Service itself.
    3. mCaddie, Inc. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

  5. SMS Text Messaging

    The service will occasionally send you messages and alerts via text message if you have this feature enabled in your account settings. mCaddie, Inc. is not responsible for any fees levied to you by your service provider as a resolt of this service. You may turn this option on or off at your discretion.

  6. Copyright and Content Ownership

    1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
    2. mCaddie, Inc. does not pre-screen Content, but mCaddie, Inc. and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
    3. The look and feel of the Service is ©2008 mCaddie, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from mCaddie, Inc..
    4. All data provided by the Service is ©2008 mCaddie, Inc. All rights reserved. You may not duplicate, copy, or distribute any information elements of the Service without express written permission from mCaddie, Inc.. This includes but is not limited to Golf Course information and reviews and GPS coordinates.

  7. General Conditions

    1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
    2. Technical support is only provided to paying account holders and is only available via email.
    3. You understand that mCaddie, Inc. uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
    4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, mCaddie, Inc., or any other mCaddie, Inc. service.
    5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by mCaddie, Inc..
    6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
    7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any mCaddie, Inc. customer, employee, member, or officer will result in immediate account termination.
    8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
    9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
    10. You must not transmit any worms or viruses or any code of a destructive nature.
    11. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by mCaddie, Inc.) of other AccelGolf customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
    12. mCaddie, Inc. does not warrant that (i) the service will meet your specific 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, and (v) any errors in the Service will be corrected.
    13. You expressly understand and agree that mCaddie, Inc. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if mCaddie, Inc. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
    14. The failure of mCaddie, Inc. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and mCaddie, Inc. and govern your use of the Service, superseding any prior agreements between you and mCaddie, Inc. (including, but not limited to, any prior versions of the Terms of Service).
    15. Questions about the Terms of Service should be sent to support at AccelGolf dot com.

  8. Subscription Billing & Refund Policies

    1. Cancellation

      You may cancel your premium service subscription at any time by logging into your account and selecting the “Account” tab. Once you are on the Account page, click the “Please cancel my subscription” link. Once you cancel your subscription, you will not be charged any further Subscription Fees. No refunds will be made for any portion of a month remaining after such a cancellation.

    2. Auto-Renewal and Auto-Billing

      All premium service subscriptions automatically renew on a monthly basis. AccelGolf will bill your credit card for the first month of premium service upon expiration of the Trial Period. Thereafter, AccelGolf will bill your credit card once each month on the same calendar day as you subscribed to the premium service. For example, if you subscribe to the premium service on July 10 and do not cancel your subscription before the end of the Trial Period, your credit card will be charged the Subscription Fee on July 17, August 10, September 10, and so on. If the calendar day on which you subscribed does not exist in the following month(s), the billing date will be the date closest to the calendar day on which you subscribed. For example, if you subscribe to the premium service on March 31, your second billing date is April 30. For billing purposes, AccelGolf will keep your credit card information on file and may ask you to update it.

    3. Refunds

      AccelGolf does not offer refunds for premium service subscriptions. Premium service subscriptions are active independent of use but can be cancelled at any time in the manner described in this Billing and Refund Policy.

    4. Questions About This Billing and Refund Policy

      If you have questions regarding this Billing and Refund Policy or particular charges made to your credit card, you may contact us at the following email address: contact@accelgolf.com.