Terms and Conditions
These Terms and Conditions, the ASSUMPTION OF RISKS, RELEASE OF LIABILITY, WAIVER OF CLAIMS & INDEMNITY AGREEMENT (the “Waiver”) and Rules and Regulations together constitute the agreement (the “Agreement”) between 2062689 Alberta Ltd. operating as SteepleJAC Athletics! (“SteepleJAC”) and its participating and registered member (the “Participant” which in the case of a Participant under 18 years of age includes the parent or legal guardian and minor child). The Agreement is made and effective as of the date executed by the Participant.
The Participant acknowledges to have read, understood, and agreed to the Agreement PRIOR to clicking the “ACCEPT” button. The Participant further agrees that the Agreement is enforceable like any written negotiated agreement signed or accepted by the Participant. The Participant acknowledges and agrees to the Agreement by clicking the “ACCEPT” button and by proceeding with the creation of a SteepleJAC account, the download and application of any part of the system in connection with the SteepleJAC account, scoring system, and/or app from the Internet or any other medium. If the Participant does not agree with all or any part of the Agreement, the Participant SHOULD NOT continue, SHOULD NOT push the “ACCEPT” button and SHOULD NOT PROCEED FURTHER.
Upon acceptance of the Agreement, the Participant is assigned a specific non-transferable membership and account (the “Membership”) in SteepleJAC’s proprietary software system (the “SteepleJAC System”) for use under the Terms and Conditions provided by the Agreement. The Participant may not assign, distribute, lease, rent, lend, sublicense, or transfer their Membership to any other person or entity, or otherwise offer access to or use of, the SteepleJAC system or software.
The Participant will input personal information, legitimate and verified scores, statistics, and information. Falsification of the Participant’s information is a breach of the Agreement and may be subject to penalty. Any attempt to gain access to another Participant’s account or invasion of another Participant’s data is a violation of the Agreement and subject to prosecution and damages.
SteepleJAC Scoring, SteepleJAC Handicapping System, League, Leader Boards, and Competition Tournaments
Membership is required in order to participate under the SteepleJAC System and utilize the SteepleJAC scorecard (the “Scorecard”). Scorecards must be signed into by the Participant, the scores which are input onto the Scorecards will be calculated and will place the Participant onto the respective leaderboards, and the data is verified by the Participant when selecting and applying ACCEPT. The SteepleJAC System and software may not be used without a current Membership.
Validity and verification of scores are the Participant’s responsibility. SteepleJAC is not liable for inaccuracies or falsification of scores inputted by any and all Participants. Falsification of scores is a serious breach of the Agreement. Any Participant who intentionally, fraudulently or negligently utilizes, falsifies scores and records, or tampers with the SteepleJAC System whether they have a current Membership or not, will be terminated indefinitely from the SteepleJAC System and subject to prosecution and damages.
Scores and placings on the leaderboard are based on internal calculations provided by the SteepleJAC handicapping system. SteepleJAC takes no responsibility for the internal calculations by which positioning on any leaderboard is tabulated. The SteepleJAC handicapping system is not to be utilized in comparison with any other handicapping system and the SteepleJAC handicap assigned to a Participant is for use within the SteepleJAC system only.
The Participant’s use of the SteepleJAC System is subject to and governed by the Agreement. All software (including any embedded software, drivers, enhancements, revisions, downloads, modifications or updates), documentation (whether on disk, in read only memory, on any other medium or form), that is downloaded or provided by SteepleJAC to the Participant are licensed, not sold, to the Participant by SteepleJAC for use only under the Agreement and SteepleJAC reserves all rights not expressly granted to the Participant.
SteepleJAC provides the SteepleJAC System, software, application or “app” on an ‘as is’ basis and does not warrant the execution or performance of the system, software, application or app. No warranties are expressed and none shall be implied as SteepleJAC specifically excludes any implied warranties of merchantability and fitness for a particular purpose. No oral, written information, or advice given by SteepleJAC or SteepleJAC Representative shall create a Warranty. If the SteepleJAC System proves to be defective, the Participant will assume the cost of all necessary servicing, repair, or correction. No refunds shall be given for SteepleJAC software, apps, membership fees. Under absolutely no circumstance will SteepleJAC be liable to the Participant for any damages hereunder for any cause whatsoever exceeding the amount paid by the Participant for the use of the system, software, data, and/or app. In no event, will SteepleJAC be liable for any lost profits or other incidental or consequential damages arising out of the use or inability to use the system, data, software or app even if SteepleJAC has been advised of the possibility of such damages. To the extent not prohibited by law, in no event shall SteepleJAC be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits loss of date, business interruption, or any other commercial damages or losses, arising out of or related to the Participant’s use or inability to use the SteepleJAC System including but not limited to updates, apps, information, data and statistics; even if SteepleJAC has been advised of any possibility of such damages.
SteepleJAC may test, implement, add, or revise features to the system which may include known and unknown flaws and bugs, and makes no warranty of any kind, expressed or implied, with respect to these features. SteepleJAC may discontinue or modify any portion of the system or features at any time and from time to time and continues to accept no warranty measures. SteepleJAC may offer various features initially and provided free of charge, however SteepleJAC reserves the right and may, at any time, discontinue any such free use and may, at any time and from time to time, make access to or use of the features with subject to payment of additional fees or costs.
Amendments and Modifications of the System
SteepleJAC reserves the right to make amendments and/or modifications to the SteepleJAC system as necessitated from time to time. All such amendments and/or modifications shall be effective on the date such change has occurred. All amendments and/or modifications will be posted on the SteepleJAC website. The Participant’s use of the SteepleJAC System following any amendment will signify the Participant’s assent to and acceptance of the amendments and/or modifications.
Commencement, Renewal, and Termination regarding Access and Use of System
The Agreement commences on the date of the Participant’s registration and assignment of their Membership and is effective for one year from this date, unless otherwise stipulated by SteepleJAC (taking into account SteepleJAC league and tournament play) or unless sooner terminated by SteepleJAC. Renewal of the Participant’s Membership will reinstate the Agreement. If the Participant does not wish to renew the Membership, and in turn the Agreement, it is agreed that upon expiration or termination all data, modifications, updates, computer memory, and any such information in any form will be removed from all devices used by the Participant immediately and will not be used for any purpose by the Participant. However, any such data and information stored by the SteepleJAC system will remain the possession of SteepleJAC indefinitely and used for legitimate purposes.
SteepleJAC provides the Participant limited access to its web site and grants limited use by the Participant for the duration and under the terms of the Agreement. The Participant will lose access to the SteepleJAC System as well as any personal scores, statistics and other information which is stored on the Participant account upon expiration of the Membership and Agreement if renewal does not occur within a reasonable amount of time (at the discretion of SteepleJAC). Be it noted that SteepleJAC reserves the right to stop offering Membership renewals at any time without notice. SteepleJAC also reserves the right to run promotional offers, perform upgrades/updates, add features, or alter pricing regularly or as required throughout the Membership period.
The Participant’s use and Membership of the SteepleJAC System, in its entirety, are subject to all parts of the Agreement in its entirety. The use and Membership, and the continuation of the use and Membership, are provided “AS IS” and “AS AVAILABLE,” and SteepleJAC makes no warranty of any kind, expressed or implied, with respect to any part of the SteepleJAC system. By utilizing any part of the SteepleJAC System the Participant agrees that the use is at the Participant’s own risk.
The SteepleJAC System is to be utilized by the Participant solely for personal use and not for commercial purposes.
The Participant’s access to the SteepleJAC System terminates in full on termination of the Agreement. The Participant’s access to the SteepleJAC System may be terminated without notice, if the Participant fails to comply with any provision of the Agreement.
Ownership of Data
The Participant agrees that ownership of any data, either written, verbal, or intellectual, from the internet, the system, or any website or source maintained by SteepleJAC is, shall be, and becomes the property solely of SteepleJAC. The Participant hereby assigns, conveys, and transfers to SteepleJAC all of the Participant’s rights, titles and interest in and to such data, including and without limitation, any copyright or other intellectual property rights that the Participant may have in the data or information.
All Participant scores, statistics, rankings, and other information stored on the Participant accounts are vested in, and remain with, SteepleJAC. The rights, scores, statistics, rankings and other information granted herein are limited to the use of the Participant’s account with the SteepleJAC System in accordance with this Agreement, and do not include any rights in any or other intellectual property of SteepleJAC, unless otherwise stipulated in writing.
Third Party Information
Additionally, SteepleJAC accepts no responsibility for any third party data, actions, or information, golf course data, the range finding or GPS system used, unforeseen changes made by the courses or third parties, or environmental/climatic factors or changes. The SteepleJAC System is dependent on free and public information available on the internet and each source is solely responsible for its accuracy and maintenance. SteepleJAC will make reasonable efforts to correct information in its system when alerted of discrepancies, alterations, modifications, or changes to the publicised data or knowledge. SteepleJAC shall not be held liable or responsible for any failure, misleadings, misinterpretations, inaccuracies, limitations of, or miscalculations, in the SteepleJAC System, or any third party information, system, or data used.
SteepleJAC will not be responsible for failure of the system, data, information, app that could lead to death, personal injury severe physical or environmental damage. Participants are to be advised and aware that sports are inherently dangerous activities and the use of the SteepleJAC System is at the Participant’s own risk.
Under no circumstances is the Participant permitted to copy, de-compile, re-compile, reverse engineer, disassemble, attempt to derive the source code of, modify, infringe, or create derivative works or translations of the SteepleJAC software except as and only to the extent expressly permitted in the Agreement or by applicable law. The Participant may not, at any time, download software from the SteepleJAC web site nor may any SteepleJAC intellectual knowledge or information be used with, transferred or transmitted to any other system, user, or medium in accordance with the Agreement. All such use will be considered infringement of copyright and punishable by law.
This Agreement, which includes the Waiver, the Terms and Conditions and Rules and Regulations, constitutes the entire and only agreement and understanding between SteepleJAC and the Participant
SteepleJAC reserves the right to revise the Agreement as necessitated from time to time. All such revisions shall be effective on the date such change has occurred. All revisions will be posted on the SteepleJAC website. The Participant’s use of the SteepleJAC System following any revision will signify the Participant’s assent to and acceptance of the revisions to the Agreement.
This Agreement shall enure to the benefit of, and be binding upon, the Participant, SteepleJAC and their respective heirs, successors, executors, administrators, representatives and assigns.
All of the provisions of the Agreement shall be considered as separate terms and conditions. In the event that any provisions is determined to be invalid, prohibited, or unenforceable by a court or other body of competent jurisdiction, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
Choice of Law and Forum Selection
The Agreement shall be governed by and interpreted in accordance with the laws in the Province of Alberta, Canada. All disputes related to these terms or the services shall be brought in the Alberta Courts located in Lethbridge, Alberta, and the Participant consents to said jurisdiction and waives any objection as to inconvenient forum.