ClubTrader Terms of Use Agreement
 

Welcome to the website for ClubTrader, which is owned and operated by ClubTrader, LLC (collectively, “ClubTrader”). Member’s use of our website at www.ClubTrader.com (the "Site") or any of the services offered on the Site (the "Services") is subject to these Terms of Use (the "Terms").

ClubTrader is pleased to provide the information on the Site conditioned upon Member’s acceptance, without modification, of the terms, conditions and notices comprising the Terms. The Terms may be updated and modified by us from time to time without notice to you by posting revised Terms on the Site. You can review the most current version of the Terms at any time by clicking on this “Terms of Use” page from any page on the Site. We hope that you will find the information provided on the Site informative and useful. Please feel free to e-mail us with member’s thoughts about the Site or to request more information about ClubTrader. As used in these Terms, the terms “you” and “Member’s” refer to the individuals and companies that use the Site and the Services. Member’s use of the Site constitutes Member’s binding acceptance of these Terms, including any modifications made to the Terms. Read these terms carefully and completely as they set forth Member’s rights and obligations with respect to Member’s use of the Site. If you do not wish to be bound by the Terms, you may not access or use the Site.

 

Use of the site

Regarding site access, ClubTrader is providing you with the information and functionality in the Site. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access. The Site is available only to individuals and entities that can form legally-binding contracts under applicable law. Without limiting the foregoing, you must be 13 years of age or older to register for and/or use the Site. If you do not qualify, please do not use the Site. ClubTrader reserves the right to deny access and/or registration to the Site to anyone at any time in its sole and absolute discretion. ClubTrader has the right, but not the obligation, to take any of the following actions without providing any prior notice to you change or terminate all or any part of ClubTrader’s services, and restrict or terminate Member’s access to all or any part of our Services refuse, move, or remove any content that is available on the Site and any material that you submit to clubtrader.com as well as change in any way including termination any or all parts of ClubTrader’s services.

 

Security

Regarding security by ClubTrader.com, in order to use certain features of the Site or applicable Services, you will have to register and create a password-protected account (Member’s "Account"). You agree and acknowledge that you will not allow others to utilize Member’s Account. You are responsible for maintaining the confidentiality of Member’s password and Account, and are fully responsible for all activities that occur under Member’s password and Account. You agree to: (i) immediately notify ClubTrader of any unauthorized use of Member’s password or Account or any breach of security, and (ii) ensure that you fully exit from Member’s Account at the end of each session (unless you wish to keep Member’s session open, in which case you will remain logged into Member’s Account for a time period determined by ClubTrader; however, please note that leaving Member’s session open may increase the chance of unauthorized use of Member’s Account). You further agree not to use anyone else's password on the Site or attempt to gain access to the accounts of other Member’s. ClubTrader cannot and will not be liable for any loss or damage arising from Member’s failure to comply with this provision. ClubTrader reserves the right (but not the obligation) to terminate Member’s access to Member’s Account at any time without notice for any reason whatsoever.

In addition to all of the other restrictions contained in these Terms, but without limitation, you will not use the Site to: Engage in commercial activity, including, without limitation, commercial use of the Site or the Services, except for the purpose of buying, selling or trading used golf clubs between ClubTrader Member’s, reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use any portion of the content offered on the Site for other than Member’s own personal, non-commercial use;

 

User Obligations

In consideration of Member’s use of the Site and/or the Services, you agree to be subject to certain obligations. For any personal that you provide to us through the Site, you agree to provide true, accurate, current and complete information as prompted and you further agree that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. If you provide any information that is untrue, inaccurate, incomplete or not current, or if ClubTrader has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, ClubTrader has the right to refuse any and all use of the Site.

ClubTrader reserves the right to terminate Member’s access to the Site at any time without notice for any reason whatsoever.

Cancellation by the buyer of orders that have been processed past the sending out of the EasyShip kit to the seller, the buyer will be charged a nominal fee to cover the cost of  the EasyShip kit and postage.  In the event that an order has been cancelled by the buyer before the EasyShip kit has been sent out, then there would not be any charges or fees.  This policy is in place only to cover the cost of expenses. In the event that for whatever reason the seller decides to not proceed with a transaction after an order has been placed and the EasyShip kit has been mailed to the seller, then it is the responsibility of the seller to pay the amount to cover the cost of the EasyShip kit and its postage.

If you are business client of ClubTrader, you agree that before you provide any of Member’s customers’ personal information to ClubTrader or enter such information into the Site that you will first obtain permission from Member’s customers to do so. ClubTrader shall not be responsible or liable for any business client's failure to obtain appropriate consent from its customers before using Site or the Services.

 

Third Party Relationships

Although ClubTrader provides a platform through the Site and the Services for arranging and facilitating the buying, selling and trading of used golf clubs, you acknowledge that ClubTrader utilizes one or more third-party companies to transport those used golf clubs and that other third parties may be involved in or responsible for submitting  used golf clubs to ClubTrader.  If Member’s used golf clubs are damaged or lost during shipment, or do not arrive at the shipping destination within a timely manner due to a failure of ClubTrader or its third-party shipping company, you should request ClubTrader’s assistance at service@clubtrader.com Upon receiving timely and properly submitted information from you for such a claim or complaint, ClubTrader may share that information with its third-party business partners that were involved in handling that shipment (such as the shipping company). ClubTrader and/or its third-party business partners may contact you regarding these issues. ClubTrader and/or its third-party business partners may conduct a reasonable investigation into Member’s claim, but in no event is ClubTrader required or obligated to investigate any claims pertaining to lost, damaged or delayed transactions of used golf clubs for purchase, sale, or trade. You acknowledge and agree that Member’s request for assistance from ClubTrader, and/or any reasonable investigation into Member’s claim, does not entitle you to compensation or damages from ClubTrader, or any action or recourse by ClubTrader.

 

Statement of Non-Liability

ClubTrader LLC, its respective affiliates and subsidiaries and all of their respective officers, directors, employees, shareholders, Member’s, managers, successors, agents, and relevant third parties, including, without limitation, advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors will not be liable for:  the content of any website not controlled, owned, or operated by ClubTrader that is accessed from or linked to this Site; the content, services or information provided by any website purporting to be operated by ClubTrader, but not actually affiliated with, controlled, owned, or operated by ClubTrader;  any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure;  any loss of or damage to any Used golf clubs and any damages caused by a delay in the shipping of Used golf clubs, to the extent such loss, damage or delay is attributable to a third party that (a) provides shipping and/or transport services for Used golf clubs; (b) receives shipment of the Used golf clubs from ClubTrader or its shipping provider; and/or (c) provides, or is responsible for providing, the Used golf clubs to ClubTrader or its shipping provider for shipment;  the contents of any communication, message, or information posted by you or other third parties; and any direct, indirect, incidental, special, exemplary, punitive or consequential damages (including loss of use, data or profits, cost of procuring substitute products or business interruption) whether based on contract, warranty, tort (including negligence), strict liability or any other legal theory, arising out of or in connection with these Terms, Member’s access and use of or inability to access or use the Site or the Services, even if ClubTrader has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms of Use, Member’s sole and exclusive remedy is to discontinue using the Site and the Services.

All offers, invitations, discounts, promotional codes, packages and pricing are subject to change at any time. The information on the Site may contain inaccuracies and typographical errors, including, but not limited to, inaccuracies relating to pricing or availability that are applicable to Member’s transaction. ClubTrader shall not assume any responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor transactions or information affected by such inaccuracies. ClubTrader reserves the right to make changes, corrections, cancellations and/or improvements to the information on the Site, and to the products and Services described on the Site, at any time without notice, including after confirmation of a transaction.

 

Third Party Website Information

It is solely member’s responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site. You acknowledge that you may not rely on any content on the Site. ClubTrader does not endorse or represent the reliability, accuracy or quality of any information, or non-ClubTrader goods, services or products displayed or advertised on the Site. We make no representations or warranties, express or implied, with respect to the information provided on this Site.

Although we hope that you will find the material on this Site informative, the material and links to third-party websites and resources that may be included on the Site are provided for informational purposes only. Providing links to these sites by us should not be interpreted as endorsement or approval by ClubTrader of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on this Site or any third-party website or service which may be accessed by a link from this Site, including any representations or warranties as to accuracy or completeness. Because ClubTrader has no control over third-party websites and resources, you acknowledge and agree that ClubTrader is not responsible or liable for, and does not endorse, the availability, accuracy, completeness or authenticity of information available through such websites, resources or services, Member’s use or Member’s exchange of any information with such websites or services, or the content, statements, representations, advertising, products, services or other materials on or available from such third-party sites or resources. You further acknowledge and agree that ClubTrader shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with Member’s use or reliance on any such content, information, goods, or services available on or through any such site or resource. If you decide to access any such third-party websites, resources or services, or to transact with such third party for their products, properties or services, you do so entirely at Member’s own risk. By leaving this Site, you may be subject to the terms and conditions and the privacy policies of such third party websites.

You acknowledge and agree that content contained in the Site or information presented to you through the Site may be protected by copyright, trademark, or patent law, or other proprietary rights and laws. Except as expressly authorized by ClubTrader or its affiliates, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of this Site, in whole or in part. You may not reverse engineer, decompile, or disassemble the Site or its underlying technologies, except to the extent the foregoing restriction is expressly prohibited by applicable law. Those portions of the Site owned by ClubTrader are the copyright of ClubTrader. All rights reserved. You agree that all of ClubTrader’ trademarks, trade names, service marks, logos and service names are trademarks and are property of ClubTrader.

 

ClubTrader owns all rights

No Reproduction or Resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

You agree to indemnify, defend and hold ClubTrader LLC, its respective affiliates and subsidiaries and all of their respective directors, officers, Member’s, managers, employees, agents, successors and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the “ClubTrader Indemnified Parties”) harmless from and against any claims, demands, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs, directly or indirectly, arising out of or in any way relating to: (i) Member’s negligence or misconduct; (ii) Member’s information or any other materials contributed to or submitted through the Site or the Services, including without limitation information associated with Member’s account; (iii) Member’s conduct, including Member’s use of the Site and Services; (iv) Member’s connection to the Site; (v) any violation or breach of these Terms; or (vi) Member’s violation or infringement of any intellectual property, privacy, publicity, confidentiality, proprietary or other rights of any person or entity (collectively, the “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the ClubTrader Indemnified Parties. ClubTrader shall have the right, in its sole discretion, to select its own legal counsel to defend the ClubTrader Indemnified Parties from any Claims (but by doing so shall not excuse Member’s indemnity obligations) and you shall be solely responsible for the payment of all of ClubTrader’ reasonable attorneys’ fees incurred in connection therewith. You shall notify ClubTrader immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect Member’s or ClubTrader’s ability to fully perform their respective duties or to exercise its rights under these Terms. You shall not, without the prior written approval of ClubTrader, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any of the ClubTrader Indemnified Parties.

 

Termination

You agree that ClubTrader, in our sole discretion and with or without notice, may terminate Member’s use of the Site (or any part thereof) for any reason, including, without limitation, for lack of use or if ClubTrader believes that you have violated or acted inconsistently with the letter or spirit of the Terms. ClubTrader may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of Member’s access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that ClubTrader may immediately bar any further access to the Site. Further, you agree that ClubTrader shall not be liable to you or any third party for any termination of Member’s access to the Site.

 

Limited Use

General Acknowledgments. You acknowledge that ClubTrader may establish general practices and limits concerning Member’s use of the Site. You agree that ClubTrader has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. ClubTrader reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that ClubTrader shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. You further acknowledge that ClubTrader reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

The terms and conditions of ClubTrader’ Privacy Policy are located at a link from the clubtrader.com home page at the bottom of the page called “Privacy Policy” and are incorporated herein by reference. In the event of a conflict between the terms of this the document and those in the Privacy Policy, the terms of the Privacy Policy shall govern.

 

No warranty

ALL MEMBER’S EXPRESSLY UNDERSTAND THAT: CLUBTRADER MAKES NO WARRANTY THAT (i) THE SITE AND INFORMATION AND MATERIAL THEREIN WILL MEET MEMBER’S REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.

MEMBER’S USE OF THE SITE IS AT MEMBER’S SOLE RISK. THE SITE AND INFORMATION AND MATERIAL IN THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, CLUBTRADER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE CLUBTRADER EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER’S FROM CLUBTRADER OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT MEMBER’S OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

You and ClubTrader agree that the Terms and the relationship between you and ClubTrader shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws analysis. You and ClubTrader hereby irrevocably and unconditionally submit to the jurisdiction of courts located within the county of Orange, CA. The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.

 

Support

If you have any questions or concerns about this Site, the Terms or the Privacy Policy, please email us at service@clubtrader.com.