GolfDash the Ultimate Golf Portal & Powered by CEOExpress Sites

POWERED BY CEOEXPRESS SITES TERMS AND CONDITIONS

Framing Powered by CEOExpress Sites
Framing of all or any portion of the content on GolfDash the Ultimate Golf Portal (www.golfdash.com) or other Powered by CEOExpress Sites is expressly prohibited without written consent from CEOExpress Company. Any site found to be framing GolfDash the Ultimate Golf Portal (www.golfdash.com) or other Powered by CEOExpress Site without such consent will be subject to legal action by the Company.

1. GENERAL

1 (a). User Agreement to Terms and Conditions: The on-line resources, content, and all other material, information, products and services offered on or accessible through any page of GolfDash the Ultimate Golf Portal (www.golfdash.com) or other Powered by CEOExpress web sites (the "Powered by CEOExpress Sites"), including without limitation all hyperlinks, communications tools, branded programming, online forums, and personalized content (collectively, the "Products and Services") provided by or through CEOExpress Company (hereinafter "CEOX") are made available to you ("you" or "Subscriber") subject to the following Terms and Conditions. By using the Products and Services, you are agreeing to be bound by, and to comply with, these Terms and Conditions and any other terms and conditions or terms of service posted on any individual Powered by CEOExpress Site.

While these Terms and Conditions apply to any and all Products and Services offered through or posted on the Powered by CEOExpress Sites, there may be additional Terms and Conditions that also apply to those Products or Services. Any such additional Terms and Conditions can be accessed directly from the Products or Services pages. Please read all Terms and Conditions carefully. In any case where the additional Terms and Conditions relating to any products or services offered or delivered through the Powered by CEOExpress Sites conflict with these Terms and Conditions, those additional Terms and Conditions shall supercede these Terms and Conditions to the extent of the conflict only, but shall not otherwise affect any of the Terms and Conditions or portions thereof which are not in direct conflict with those additional Terms and Conditions.

1 (b). Changes to Terms and Conditions: CEOX may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Site. Please direct any questions with respect to the Terms and Conditions to:

CEOExpress Company
Attn.: Legal
470 Atlantic Avenue, 4th Floor
Boston, Massachusetts 02210 USA

2. ACCOUNT REGISTRATION, SECURITY AND USE

2 (a). User Name and Password: As part of the registration process, Subscriber will select a User Name and Password. You also have to give us certain registration information, all of which must be accurate and updated. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a User Name in which another person has rights without such person's authorization; or (iii) use a User Name that CEOX, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. You agree to take reasonable measures to protect the security of your Password.

2 (b). Unauthorized Use: You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your User Name and Password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at CEOX's sole discretion, and CEOX may refer you to appropriate law enforcement agencies. You shall notify CEOX of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

3. CHANGES IN PRODUCTS, SERVICES, AND TERMS AND CONDITIONS

3 (a). Changes in Service: CEOX may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. CEOX may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

3 (b). Changes to Terms and Conditions: CEOX reserves the right to modify these Terms and Conditions from time to time, without notice. You should review these Terms and Conditions from time to time so you will be apprised of any changes.

4. ACCESS, AVAILABILITY AND USAGE OF CONTENT, SERVICES AND LINKS

4 (a). Third-Party Content: CEOX does not control the content posted on web sites to which it provides links and as such does not guarantee the accuracy, integrity or quality of such content. CEOX encourages you to exercise discretion while using the Products and Services to browse the Internet. Powered by CEOExpress Sites may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. CEOX makes no representations concerning any effort to review the content of any of the sites listed in automated search results, guides or other directories, or of any of the sites otherwise linked to from the Powered by CEOExpress Sites. CEOX shall not be held responsible for the accuracy, infringement or misappropriation of any intellectual property rights, legality, or decency of material contained in any external sites or otherwise linked to the Powered by CEOExpress Sites or provided to the Powered by CEOExpress Sites by third parties. You acknowledge and agree that CEOX 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, services or other materials on or available from such sites or resources. You further acknowledge and agree that CEOX 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, products or services available on or through any such site or resource.

4 (b). Investment Information: CEOX may make make available certain investment information from third party information providers (the "Information Providers"). Neither CEOX, nor any of its affiliates or its Information Providers, nor any of their respective officers, employees, directors, or agents: (1) passes on the merit of any of the investments or companies listed in this service or (2) endorses or sponsors any of the investments or companies listed in this service.

IF YOU INTEND TO USE ANY INVESTMENT-RELATED INFORMATION ACCESSED THROUGH THIS SERVICE, YOU SHOULD CAREFULLY RE-READ THE CAPITALIZED WORDS SET FORTH BELOW IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Those provisions will have special importance for you. CEOX makes this information available subject to all of its Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability set forth below. THIS DISCLAIMER OF WARRANTIES AND THIS LIMITATION OF LIABILITY SHALL APPLY TO BOTH CEOX AND THE INFORMATION PROVIDERS.

4 (c).Professional Information: CEOX may make available certain information provided by third parties related to various professional fields such as medicine, law, and accounting. CEOX does not give advice in any such fields and in no way endorses any of the information provided in this manner. IF YOU INTEND TO USE ANY SUCH INFORMATION, YOU SHOULD CAREFULLY RE-READ THE CAPITALIZED WORDS SET FORTH BELOW IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Those provisions will have special importance for you. All information made available through any Powered by CEOExpress Site is made available subject to these Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability set forth below.

CEOX STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.

4 (d). Parental Controls: Certain material available on the Internet is not appropriate for minors. To prevent or limit your children's access to such materials, a number of parental control protections (such as computer hardware, software, or filtering services) are commercially available. Subscriber is solely responsible for use of Parental Controls and agrees to hold CEOX harmless for any usage of the site by minors using the Subscriber's account.

4 (e). Personal Use: The contents of the service are intended for personal, noncommercial use. Subscriber shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.

4 (f).Copyright: The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service (including software) in whole or in part.

You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from CEOExpress Company or the copyright holder identified in the copyright notice contained in the Content.

5. FORUMS, BULLETIN BOARDS, E-MAIL AND DISCUSSIONS

5 (a). Illegal Materials: Subscriber shall not upload to, or distribute or otherwise publish on the site any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.

5 (b). Misuse: Subscriber will not threaten or verbally abuse other subscribers, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam."

5 (c). Offensive Language: Subscriber shall not use language that discriminates or offends on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of Powered by CEOExpress Sites. Personal attacks are a direct violation of this Agreement and are grounds for immediate and permanent suspension of access to all or part of Powered by CEOExpress Sites.

5 (d). Non-Commercial Use Only: Forums shall be used only in a noncommercial manner. Subscriber shall not distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

5 (e). Right to Edit and Remove: Subscriber is solely responsible for the content of Subscriber's messages. However, while CEOX does not and cannot review every message posted on the Forums and is not responsible for the content of these messages, CEOX reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

6. REPRESENTATIONS AND WARRANTIES

6 (a). Subscriber Representations: Subscriber represents, warrants and covenants (a) that no materials of any kind submitted through account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least eighteen years old. You hereby indemnify, defend and hold harmless CEOX and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim.

6 (b). Subscriber's Own Risk: CEOX does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through Powered by CEOExpress Sites by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.

7. PRIVACY

Click here to review Powered by CEOExpress Sites' privacy policy.

8. DISCLAIMER OF WARRANTIES

CEOX disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of the Products and Services and any information or material contained therein. CEOX disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. CEOX disclaims any responsibility for any harm resulting from downloading or accessing any information or material through the Products and Services.

THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CEOX DISCLAIMS ANY WARRANTIES RELATING TO THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, CEOX DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON OR IN CONNECTION WITH THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. CEOX SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

9. LIMITATION OF LIABILITY

9 (a). Use and Content: UNDER NO CIRCUMSTANCES SHALL CEOX BE LIABLE TO ANY USER OF THE POWERED BY CEOEXPRESS SITES (A "USER") ON ACCOUNT OF SUCH USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF CEOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OR IN CONNECTION WITH THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. THE LIMITATION OF LIABILITY CONTAINED IN THIS PARAGRAPH SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE CEOEXPRESS SITES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

9 (b). Service Issues: Under no circumstances shall CEOX be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its sole control, including, without limitation, Internet failures or performance levels, viruses, hackers, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

9 (c). Third-Party Content: Any sites displayed as search results, otherwise linked to the Powered by CEOExpress Sites, or operated or provided to the Powered by CEOExpress Sites by third parties are developed by people over whom CEOX exercises no control. CEOX cannot and does not screen sites before including them on the Powered by CEOExpress Sites or in the catalogs from which automated search results are gathered. Accordingly, CEOX assumes no responsibility for the content of any site included in any search results or otherwise linked to any Powered by CEOExpress Site.

10. NO LICENSE

Except as otherwise expressly provided, nothing herein shall be construed as conferring any license under any of CEOX's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise.

11. COPYRIGHT, TRADEMARK AND PATENT NOTICES

CEOEXPRESS® is a registered trademark of CEOX. All other marks that appear throughout the Products and Services belong to CEOX or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of CEOX or the owner of the mark, as appropriate, is strictly prohibited.

The copyrights to the content, format, arrangement, design and look and feel of this service are owned by CEOX and/or the Information Providers. Except for a single temporary copy in a single computer's memory or another fair use under applicable copyright laws, the information contained herein may not otherwise be used (not copied, performed, displayed, distributed, rented, sublicensed, altered, stored for subsequent use, etc., in whole or in part, in any manner) without CEOX's and the Information Providers' express prior written consent.

12. GOVERNING LAW AND FORUM FOR DISPUTES

All legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the Commonwealth of Massachusetts applicable to contracts entered into and wholly to be performed within said state. The state and federal courts of Massachusetts shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in Massachusetts with respect to all such disputes.

Investing in securities carries certain risks, and neither CEOX nor the Information Providers shall be responsible for any investment losses incurred in reliance on information provided on the CEOExpress Sites. ADVICE FROM YOUR OWN FINANCIAL ADVISOR IS STRONGLY RECOMMENDED.

13. INDEMNITY AND RELEASE

By using the Powered by CEOExpress Sites you agree to indemnify CEOX and its parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including without limitation attorneys' fees, arising from or based upon your use of a Powered by CEOExpress Site. By using the CEOXs Site you hereby agree to release CEOX and its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against any of them arising out of or in any way related to such disputes and/or to the Products and Services. You hereby agree to waive all laws that may limit the efficacy of such releases.

14. MERGER

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between CEOX's representatives and you, with respect to the subject matter hereof; except that any other terms and conditions located on any individual Powered by CEOExpress Site web page are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web page and any Products or Services available on or through the web page at which those other provisions may be found.

15. VIOLATIONS OF TERMS AND CONDITIONS

Should you violate these Terms and Conditions or any other rights of CEOX, CEOX reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the web pages of the Powered by CEOExpress Sites. If CEOX should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions. If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. If you are aware of any violations of these Terms and Conditions, please report them to:

CEOExpress Company
Attn.: Legal
470 Atlantic Avenue, 4th Floor
Boston, MA 02210
Email Address: webmaster@ceoexpressmail.com

16. DOW JONES INDEXES TERMS OF USE

CEOExpress, at our discretion, provide you with services including, but not restricted to, news and information services. You agree to comply with the conditions imposed on your use of the services, as set out in these Terms and Conditions of Access and elsewhere in our services. These services may be outside our control or provided by a third party in which in case we cannot take responsibility for their content, or for any delays, interruptions or errors in the provisions of these additional services, provided we have exercised reasonable care and diligence in the selection of such providers.

Certain data accessible on our services is the intellectual property of the relevant news and information services provider or third parties that provide such data to the relevant service provider, or us. The data is protected by copyright and other intellectual laws and all ownership rights remain with the information service provider or the third party or us, as the case may be.

You may only use the data retrieved from our services for your own personal and non-commercial purposes while accessing our services. Such use will be in accordance with these Terms and Conditions of Access and the requirements set out elsewhere on our services. You may not copy, distribute or redistribute the data, including by caching, framing or similar means or sell, resell, re-transmit or otherwise make the data retrieved from our services available in any manner to any third party.

The data is provided "as is." We or any third party shall not be liable to you or any third party for any loss or damage, direct, indirect or consequential, arising from (i) any inaccuracy or incompleteness in, or delays, interruptions, errors or omissions in the delivery of the data or any other information supplied to you through our services or (ii) any decision made or action taken by you or any third party in reliance upon the data. Third party nor we shall be liable for loss of business revenues, lost profits or any punitive, indirect, consequential, special or similar damages whatsoever, whether in contract, tort or otherwise, even if advised of the possibility of such damages incurred by you or any third party.

Where the information consists of pricing or performance data, the data contained therein has been obtained from sources believed reliable. Data computations are not guaranteed by any information service provider, third party or us or any affiliates and may not be complete. Neither any information service provider, third party or us give any warranties, as to the accuracy, adequacy, quality or fitness, timeless, non-infringement, title, of any information for a particular purpose or use and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law. You bear all risk from any use or results of using any information. You are responsible for validating the integrity of any information received over the Internet.

Transmission may be subject to arbitrary delays beyond our control, which may delay the provision of our services and the execution of your orders. You acknowledge that neither any information service provider, third party nor we will be liable to you or any third party for any losses arising from such delay.

In no event will any information provider, third party or we, be liable for any consequential loss including but not limited to special, incidental, direct or indirect damages resulting from delay or loss of use of our services. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of our services.