Site Terms and Conditions

foreUP Terms of Use

These Terms of Use (these “Terms”) are a binding agreement between you and Golf Compete Inc. dba foreUP (“foreUP”). Please review these Terms carefully before using the foreUP website (the “Site”) and all related applications, software, and services (together, and collectively with the Site, the “Service”). By using the Service in any way, including, but not limited to visiting or browsing the Site, you agree to be bound by these Terms without modification.

1. Content

1.1. Content.

For purposes of these Terms, “Content” includes, without limitation, any tools, services, advertisements, advice, suggestions, videos, audio clips, written comments, information, data, text, photographs, software, scripts, graphics, interactive features, and any other media generated, provided, or otherwise made accessible by foreUP, its content providers or other partners.

1.2. Ownership of Materials.

Content is provided by foreUP unless indicated otherwise. All Content is the property of foreUP and is protected by federal and international intellectual property laws and treaty provisions. You must abide by all intellectual property notices, information, and restrictions contained in any such Content. You may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, display in frames, link to, or otherwise commercially exploit any Content (i) without the express written consent of the respective owners, and (ii) in any way that violates the rights of any third party.

1.3. Trademarks.

“foreUP,” “Golf Compete,” and any other trademarks used in connection with the Service are trademarks of foreUP.

1.4. Use License.

Unauthorized use of Content or information made available through the Service may violate patent, copyright, trademark, and other laws. Your use of the Service and Content is pursuant to a limited-use license (“License”), not a transfer of title, and is subject to the following restrictions:
(a) You may not decompile, reverse engineer, disassemble or make derivative works of Content;
(b) You may not modify Content or use it for commercial purposes or for public display, performance, sale or rental;
(c) You may not remove confidentiality, privacy, patent, copyright, trademark or other proprietary notices from Content;
(d) You may not transfer Content to another person or entity in manners inconsistent with these Terms and other foreUP policies.
(e) You may not facilitate or permit unauthorized copying of Content or information made available by the Service.

1.5. Termination of this Use License.

foreUP may terminate your License at any time if you breach these Terms. You agree that upon termination of your License you will immediately (1) stop using the Service, and (2) destroy all Content in your possession, if any.

1.6. Registration as a Condition to Use.

Only registered members of foreUP (each, a “User”) may use certain features of the Service. As a User, you may not allow third parties to access the Service using your account. You are personally responsible for any use of the Service through your account, whether by you or a third party.

2. User Information

2.1. Privacy Policy.

Our use of Personal Information is governed by our Privacy Policy, which is hereby incorporated into these Terms. By using the Service, you warrant that you have read and agree to our Privacy Policy. For purposes of these Terms, “Personal Information” means information that can or potentially can be used on its own or with other information to de-anonymize data or to identify, contact, or locate a single person.

3. Code of Conduct

You promise not to use the Service for any purpose that is prohibited by law, by these Terms, or by any other terms of use that foreUP has or will put in effect. You alone are responsible for all of your activity in connection with the Service.

3.1. Posting Policy.

You may not upload, post, submit or otherwise distribute or facilitate distribution of any improper or unlawful Content or communications on or through the Service, including but not limited to Content that does any of the following:
(a) violates local, state, national, or international laws or regulations;
(b) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any third party; or
(c) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of foreUP or any third party;

3.2. Use of Infrastructure.

You may not: (i) take any action that imposes or may impose an unreasonable or disproportionately large load on the infrastructure of foreUP or its third party providers (as determined by foreUP in its sole discretion); (ii) interfere or attempt to interfere with the proper working of the Site or Service or any activities conducted thereon; (iii) bypass any measures foreUP may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or scrape data from the Service.

3.3. Conflicts of Interest.

You may not use the Service as a paid consultant or in furtherance of any financial interest in the information you provide through the Service, including, but not limited to, the promotion of commercial goods or services.

3.4. Other restrictions.

You may not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.

4. Links to External Resources

The Service may provide links or permit you and other Users to link to other websites or resources on the Internet. These other websites or resources are not under foreUP’s control, and foreUP is not responsible for the content, functions, accuracy, legality, appropriateness or any other aspect of such website or resources, or for any damage or loss caused or alleged to be caused by your use of or reliance on any information, goods or services available through any such website or resource. When you access a third party website or resource, you do so at your own risk. The inclusion of a link to any website or resource does not imply endorsement by or affiliation with foreUP. foreUP reserves the right to disable or remove any link for any reason or for no reason at all.

5. Partners

In order to use the e-check (ACH) payment functionality of the Service, you must open a “White Label” account provided by Dwolla, Inc. (“Dwolla”) and you must accept the Dwolla Terms of Service and Dwolla Privacy Policy. Any funds held in a Dwolla account are held by Dwolla’s financial institution partners as set out in the Dwolla Terms of Service. By using the e-check (ACH) payment functionality of the Service, you authorize foreUP to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data.
You understand that you will access and manage your Dwolla account through the Service, and Dwolla account notifications will be sent by foreUP, not Dwolla. foreUP will provide customer support for your Dwolla account activity and can be reached at foreupgolf.com or [e-mail].

6. Warranties, Disclaimers, and Liability

6.1. General Disclaimers.

foreUP has no fiduciary duty to you. You acknowledge that foreUP has limited control over who gains access to the Service; what Content you access via the Service; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You alone are responsible for your use of the Service and the consequences thereof.

FOREUP PROVIDES THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE AND CONTENT) “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FOREUP HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WHETHER ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, FOREUP AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS CAN OR WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE AND SERVICE IS SOLELY AT YOUR OWN RISK.

6.2. Limitation of Liability.

If, notwithstanding the other provisions of these Terms, foreUP should have any liability to you or any third party for any loss, harm or damage, you and foreUP agree that such liability will under no circumstances exceed $50.00. You and foreUP agree that the foregoing limitation of liability is an agreed allocation of risk between you and foreUP. You acknowledge that absent your agreement to this limitation of liability, foreUP would not provide the Service to you.

6.3. Indemnification.

You agree to defend, indemnify, and hold harmless foreUP, its affiliates, employees, officers, agents, managers, members and successors and assigns from all damages and liability including, without limitation, reasonable attorneys’ fees, incurred as a result of (i) your breach of these Terms, (ii) your unauthorized or unlawful use of the Service, or (iii) the unauthorized or unlawful use of the Service by any person using your account.

7. Miscellaneous Provisions

7.1. Notice.

foreUP may give notice required or permitted to be given hereunder via email or a notice posted on the Site. Any such notice will be effective immediately.

7.2. Entire Agreement; Amendment.

These Terms and any documents incorporated herein constitute the entire agreement between you and foreUP with respect to the subject matter hereof. foreUP reserves the right to amend the provisions of these Terms at any time, provided that foreUP will notify you of any such amendment by email or by notice posted on the Site.

7.3. Governing Law; Venue.

These Terms will be governed and construed under the laws of the State of Utah, without regard to its conflict of laws provisions or the United Nations Convention on the International Sale of Goods. The parties irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah. All disputes and/or legal proceedings related to these Terms will be maintained in courts located in Salt Lake County, Utah.

7.4. Waiver/Severability.

The waiver or failure of foreUP to exercise any right in any respect provided for herein will not be deemed a waiver of any further right hereunder. If any provision of these Terms is determined to be invalid or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of these Terms will remain enforceable.

7.5. Assignment.

foreUP may assign these Terms, in whole or in part, in its sole discretion. You may not assign your rights under these Terms without foreUP’s prior written permission. Any attempt to assign your rights under these Terms without foreUP’s permission will be void.

7.6. Force Majeure.

foreUP will not be liable for any failure or unavailability of the Site and/or the Content or failure by foreUP to provide the Service as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond foreUP’s control.

7.7. Headings.

The headings of articles and sections contained in these Terms are for reference purposes only and will not affect in any way the meaning or interpretation of this Agreement.

7.8. Injunctive Relief.

You acknowledge and agree that the breach by you of any covenant or obligation under these Terms will cause foreUP substantial, immediate and irreparable harm, or that the extent of damages caused by any violation of these Terms would be impossible to ascertain, and that there is no adequate remedy at law in the event of such breach. Accordingly, you agree that foreUP shall be entitled to injunctive relief, without prejudice to any other right foreUP may have in law or equity, by bringing an appropriate action for such remedy in any court of competent jurisdiction which foreUP, in its sole discretion, deems appropriate.