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I HAVE REVIEWED THE LIABILITY WAIVER AND AGREE TO ITS TERMS
TERMS AND CONDITIONS OF MEMBERSHIP Congratulations on your choice to join other St. Louis area golfers in taking advantage of one of St. Louis’s premier golf opportunities. We look forward to providing you with many unique opportunities and discounts for some of St. Louis’s best golf courses, equipment suppliers, restaurants, bars and other retailers. Before starting your membership, our lawyers require you to read and agree to the following: LEGAL NOTICE: PLEASE READ ALL PROVISIONS CAREFULLY. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS CONSTITUTES A BINDING AND ENFORCEABLE AGREEMENT. By accepting this membership, you become a Member and are entering into a binding and enforceable contract with 314 GOLF LLC, its affiliates, successors and assigns ("Company”). You (“Member” or “You”) agree to be bound by these Terms and Conditions (the "Agreement"), which govern the 314Golf Membership. This agreement is subject to change at any time, and changes may be effective without notice to the Member. 1. Membership and Use: The Company operates a fee-based membership program that provides its Members with various golf and related benefits (hereinafter called the "Benefits"). The Company card, certificates and Benefits are provided for the exclusive use of you, as the Member, and are nontransferable unless otherwise specifically stated. All golf bookings must be made in accordance with the Company’s policies and you must provide your membership number at time of booking. All Benefits are subject to availability and are subject to other Benefit-specific terms and conditions where applicable, which will be provided separately. The Company and its program participating companies and partners reserve the right to substitute or withdraw any offers, or limit their availability, at any time and without notice. 2. Membership Fee: The membership fee will be the amount to which you, as Member, agreed at the time of your initial enrollment or renewal, as applicable (the "Membership Fee"). All applicable taxes and surcharges will be added to your Membership Fee. 3. Term: The term of your membership shall be posted on the site at your time of enrollment. Following the initial term, you will receive coorespondence requesting renewal for subsequent terms. 4. Termination: The Company has the right to terminate the Benefits and your membership at any for violating any of the membership rules, you will not be eligible for a refund of your Membership Fee. As a member, you are responsible for all activity performed under your membership. Moreover, the Company has the right to terminate this Agreement if it is determined that you provided an invalid billing device at the time you enrolled. An invalid billing device may include a lost or stolen card; a card which is not billable (a closed account or an account over its spending limit, for example); and invalid account numbers. 5. Communications: You hereby authorize the Company to deliver any and all communications ("Communications"), including but not limited to membership information, changes in Benefits, changes in Membership fees, changes in the Company, changes in applicable terms and conditions, and offers from the Company or program participating vendors or partners to your electronic mail address or mailing address at the Company's discretion. You must notify the Company of any change to your address, electronic mail address and/or billing device. You agree that notification via your electronic mail address, your mailing address or posting on the Company official member website will be sufficient notice of any changes in Benefits, changes in Membership fees, changes in the Company, and/or changes in applicable terms and conditions of membership or the Benefits. 6. Links and Third Party Content: The Company may reference or link to third party sites throughout the World Wide Web. The Company has no control over these sites or the content within them. The Company does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. The Company does not endorse the content of any third party site, nor does the Company warrant that third party sites will not contain viruses or otherwise impact your computer. By becoming a Member, you agree and understand that you may not make any claim against the Company for any damages or losses, whatsoever, resulting from your Membership. 7. Remedies: Violations of these Terms and Conditions may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that the Company may, in the Company’s sole discretion and without notice, terminate your Membership. You agree that monetary damages may not provide a sufficient remedy to the Company for violations of these Terms and Conditions and you consent to injunctive or other equitable relief for such violations. 8. Liability: The Company and its affiliates, respective officers, agents, employees, and representatives will not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages or for lost profits, revenues, or business opportunities. The Company and its affiliates, respective officers, agents, employees, and representatives will not be liable for delays or failure in performance caused by acts of God, war, terrorism, strike, labor dispute, work stoppage, fire, act of government, or any other cause, whether similar or dissimilar, beyond our control. The Company reserves the right to restrict, alter, or modify the Company fees, benefits, rules, regulations, amenities and special offers, membership terms and conditions or terminate the Company at any time and without notice. The Company and its affiliates, respective officers, agents, employees, and representatives are not responsible for any products and services of other program participating companies or partners. Taxes and fees related to the Benefits are the responsibility of the Member. 9. Indemnification: You agree to indemnify and hold the Company and its affiliates, respective officers, agents, employees, and representatives harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Membership.
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