Terms of Service

International Product Management Inc. Terms of Service

ACCEPTANCE OF TERMS

International Product Management Inc, doing business as Perfect Golf Events and TeeBox Golf Scoring (“IPM”) collectively referred to as “we”, “our” or “us” provides the IPM Services (defined below) to persons who become account holders of the IPM Services (“Customers”) and to Customer end users who register for use of the IPM Services (“Users”) subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: IPMGolf.com. By accessing and using the IPM Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular IPM owned or operated services, you and IPM shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
IPM SERVICES

IPM provides users with access to a variety of resources, including without limitation various internet communications tools, forums, software programs, shopping services and personalized content through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "IPM Services"). You also understand and agree that the IPM Services may include advertisements and that these advertisements are necessary for IPM to provide the IPM Services. You also understand and agree that the IPM Services may include certain communications from IPM, such as service announcements, administrative messages and the IPM Newsletter, and that these communications are considered part of IPM membership and at the sole discretion of IPM you may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current IPM Services, including the release of new IPM products or services, shall be subject to the TOS. You understand and agree that the IPM Services is provided "AS-IS" and that IPM assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user data, communications or personal content. You are responsible for obtaining access to the IPM Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the IPM Services.

You understand that the technical processing and transmission of the IPM Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
REGISTRATION OBLIGATIONS

In consideration of your use of the IPM Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the IPM Services under the laws of Canada or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the IPM Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or IPM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IPM has the right to suspend or terminate your account and refuse any and all current or future use of the IPM Services (or any portion thereof).
IPM PRIVACY POLICY

In order to serve our customers, we request their name, address, phone number and e-mail address on our registration forms. We maintain the information in an encrypted file on a secure computer behind our firewall so that we can verify registrations for our customers. You understand that through your use of the IPM Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information for storage, processing and use by IPM and its service providers.

Disclosure of Information to Outside Parties: IPM reserves the right to use aggregated, anonymous data about our users as a group for any business purpose, such as analyzing website activity to determine online marketing strategies. Such information includes identifying the date and time of your visit, the duration of time spent on specific pages within our websites, and the browser and operating system you are using. This information is strictly anonymous and contains no personally identifying information about you or any of our website users. IPM does not sell, trade, or rent your personal information to others.
SECURITY

The security of your personal information is important to us. Our service has security measures in place to protect the loss, misuse and alteration of the information under our control. We do not store credit card information in our database. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our Website, you can email us at support@IPMGolf.com.
MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the IPM Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify IPM of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. IPM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.

All user names and passwords remain our property or the property of our service providers and may be cancelled, changed or suspended at any time without notice or any liability to you or any other person. We and our service providers are not under any obligation to verify the actual identification or authority of the user of any user name or password and it is in our sole discretion to refuse or remove any user name or password.
MEMBER BEHAVIOUR

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not IPM are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the IPM Services. IPM does not control the Content posted via the IPM Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the IPM Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will IPM be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the IPM Services.

IPM is concerned about the safety and privacy of all its users, particularly children. We do not pre-screen Content and you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of any content and (iii) the consequences of any misuse by the minor.

You agree to not use the IPM Services to:
1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, an IPM official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the IPM Service;
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
8. upload, post, email, transmit or otherwise make available 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;
9. interfere with or disrupt the IPM Services or servers or networks connected to the IPM Services, or disobey any requirements, procedures, policies or regulations of networks connected to the IPM Services,
10. "stalk" or otherwise harass another; and/or
11. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through k above.
You acknowledge that IPM may or may not pre-screen Content, but that IPM and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the IPM Services. Without limiting the foregoing, IPM and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by IPM or submitted to IPM, including without limitation information in any parts of the IPM Services.

You acknowledge, consent and agree that IPM may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of IPM, its users and the public.
You understand that the IPM Services and software embodied within the IPM Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by IPM and/or content providers who provide content to the IPM Services. You may not attempt to override or circumvent any of the usage rules embedded into the IPM Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the IPM Services, in whole or in part, is strictly prohibited.
CONTRIBUTIONS TO IPM

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to IPM through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) IPM is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) IPM shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) IPM may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of IPM without any obligation of IPM to you; and (f) you are not entitled to any compensation or reimbursement of any kind from IPM under any circumstances.
INDEMNITY

You agree to indemnify and hold IPM and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the IPM Services, your use of the IPM Services, your connection to the IPM Services, your violation of the TOS, or your violation of any rights of another.
NO COMMERCIAL REUSE OF IPM SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the IPM Services (including Content, advertisements, Software and your IPM ID).
PRACTICES REGARDING USE AND STORAGE

You acknowledge that IPM may establish general practices and limits concerning use of the IPM Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the IPM Services, the maximum number of email messages that may be sent from or received by an account on the IPM Services, the maximum size of any email message that may be sent from or received by an account on the IPM Services, the maximum disk space that will be allotted on IPM servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the IPM Services in a given period of time. You agree that IPM has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the IPM Services. You acknowledge that IPM reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that IPM reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO IPM SERVICES

IPM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the IPM Services (or any part thereof) with or without notice. You agree that IPM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the IPM Services (or any part thereof).
TERMINATION

You may terminate your IPM account, any associated email address and access to the IPM Services by submitting such termination request to IPM.

You agree that IPM may, without prior notice, immediately terminate, limit your access to or suspend your IPM account, any associated email address, and access to the IPM Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the IPM Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the IPM Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in IPM’s sole discretion and that IPM shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the IPM Services.
Termination of your IPM account includes any or all of the following: (a) removal of access to all or part of the offerings within the IPM Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the IPM Services.
DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the IPM Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that IPM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the IPM Services.
LINKS

The IPM Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that IPM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that IPM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
IPM PROPRIETARY RIGHTS

You acknowledge and agree that the IPM Services and any necessary software used in connection with the IPM Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the IPM Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by IPM or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the IPM Services, such Content or the Software, in whole or in part.
IPM grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the IPM Services. You agree not to access the IPM Services by any means other than through the interface that is provided by IPM for use in accessing the IPM Services.
DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE IPM SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE IPM SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IPM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. IPM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE IPM SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE IPM SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE IPM SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE IPM SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE IPM SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IPM OR THROUGH OR FROM THE IPM SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IPM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 IPM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE IPM SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE IPM SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE IPM SERVICE.
EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
NOTICE

IPM may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, text message, postings on the IPM Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the IPM Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the IPM Services in an authorized manner.
TRADEMARK INFORMATION

You agree that all of IPM’s trademarks, trade names, service marks and other IPM logos and brand features, and product and service names are trademarks and the property of International Product Management Inc. (the "IPM Marks"). Without IPM's prior permission, you agree not to display or use in any manner the IPM Marks.
GENERAL INFORMATION

Entire Agreement: The TOS constitutes the entire agreement between you and IPM and governs your use of the IPM Services, superseding any prior version of this TOS between you and IPM with respect to the IPM Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other IPM services, affiliate services, third-party content or third-party software.

Choice of Law and Venue: You and IPM each agree that the TOS and the relationship between the parties shall be governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and IPM, shall be brought exclusively in the courts located in the city of Vancouver, BC. You and IPM agree to submit to the personal jurisdiction of the courts located within the city of Vancouver, BC and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms: The failure of IPM to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability: You agree that your IPM account is non-transferable and any rights to your IPM ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the IPM Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
VIOLATIONS

Please report any violations of the TOS to Support Team
BILLING DISPUTES
For any questions regarding charges made to your credit card or bank account, please contact us immediately. We are happy to help you with any questions you may have and even happier to correct any billing errors on our part.

Last updated March 3, 2009