Please read these Terms and Conditions.
Last updated: 08/15/18
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.buildyourgolfcart.com website and the app.buildyourgolfcart.com application (the “Service”) operated by WaterMark Design (DBA – Build Your Golf Cart) (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, business, address, email, phone number and credit card.
In order to use Build Your Golf Cart, you must:
- be at least eighteen (18) years old and able to enter into contracts;
- complete the registration process;
- agree to the Terms; and
- provide true, complete, and up to date contact information.
By using Build Your Golf Cart, you represent and warrant that you meet all the requirements listed above, and that you won’t use Build Your Golf Cart in a way that violates any laws or regulations. Build Your Golf Software may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you sign up for Build Your Golf Cart and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Build Your Golf Cart on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Closing Your Account
You or Build Your Golf Cart may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment or reimburse you for that month. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
5. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
6. Account Disputes
We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.
7. Subscription Terms
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring monthly plan. If you signed up for a 30 day trial you will be billed 30 days after your signup date.
8. Monthly Plans
Our charges for monthly plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment (the “Pay Date”).
9. Credit Cards
As long as you’re a Member or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
12. Proprietary Rights Owned by Us
You shall respect our proprietary rights in the Website and the software used to provide Build Your Golf Cart (proprietary rights include patents, trademarks, service marks, and copyrights). You may only use our brand assets according to our Brand Guidelines.
13. Proprietary Rights Owned by You
15. Right to Review Dashboard
We may view, copy, and internally distribute content from your Emails in the Dashboard and account to create algorithms and programs (“Tools”) that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws.
16. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
17. No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
19. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.
21. Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by WaterMark Design (DBA – Build Your Golf Cart).
WaterMark Design (DBA – Build Your Golf Cart) has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that WaterMark Design (DBA – Build Your Golf Cart) 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 web sites or services.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Build Your Golf Cart, 19120 Freeport St NW #686, Elk River, MN 55330, or any addresses as we may later post on the Website.
23. Entire Agreement
Notwithstanding the previous sentence, we may, in writing (letter, electronic mail, electronic file, etc), agree to additional terms with you which are not specified here. If we do agree to such additional terms in writing, those terms shall be fully valid and enforceable at all times while this agreement is in force.
If you have any questions about these Terms, please contact us.