PRIVACY POLICY

TERMS OF USE AGREEMENT

PART 1: L1 TECHNOLOGIES PRIVACY POLICY

Privacy and Security Statement
This Privacy and Security Statement applies only to websites operated by L1 Technologies, Inc. In this Privacy and Security Statement, "L1" refers to L1 Technologies, the operator of the igolf.com website and/or other golf related websites (the "Site") and the Sync Application used to synchronize golf databases with iGolf compliant devices ("Sync App"). L1 and its officers, directors, employees and agents are required to honor this Privacy and Security Statement. This policy is not intended to govern any existing or future websites and/or services operated by third parties or companies that are not controlled by L1.

Privacy
If you choose to purchase products and/or services from our site, you will be required to provide the following personal information (hereinafter "PI"): your name, credit card information, telephone number, mailing/shipping address and email address.

Your PI is collected in the following ways:

Financial PI: we collect PI to process your order, contact you about your order, or answer any questions/concerns you might have expressed. When you register for a paid membership on our site, you are asked to disclose Financial PI. We do not retain any Financial PI. However, we do not have control over what third-party merchants such as Paypal, Mastercard and Visa do with your Financial PI, and therefore we take no responsibility for your Financial PI as handled by third-party merchants and processors.

Personal PI: we collect non-financial Personal PI for all members, including users who sign up as free members. By signing up, you give us permission to collect and retain your Personal PI. We use your telephone number for customer service if you contact us about your account; please use a valid telephone number. Third-party traffic and analytic management software collects information through Cookies set on your computer if your computer allows Cookies ("Analytic Software"). Information gathered by the Analytic Software may be associated with your Personal PI.

Online Membership Registration: you do not have to register on our site to shop online. Membership is offered for free, with access to "free" sections of our Site. Paid members receive additional benefits, and access to golf course data files.

Email Newsletters: when you "opt in" to receive our periodic email newsletter is pre-selected. Additionally, all newsletter "opt in" recipients receive other forms of email communication, such as special offers, from L1 from time to time. As a Newsletter recipient, you specifically authorize us to send you email communications until such time as you "opt out" of such communications. You may "opt out" of our email newsletter as well as any form of communication from within your account. If you have opted to receive emails from us, we will share your name and email address with our email service provider that delivers our email newsletters and special offers, but use of this information is only permitted in connection with their administration and delivery of our email program.

Surveys: L1 may conduct voluntary surveys through its website or directly through emails. These surveys may ask customers for background information and about their preferences. You are not obligated to be a part of any survey. The information L1 collects through surveys is used to assess customers' needs so that we can better serve our customers and improve satisfaction. We do not sell any of the information gathered in these surveys but may share the results with our Corporate or Business Affiliates in accordance with this Statement.

Writer Notifications: you may "follow" one or more of our writers by subscribing to receive email notifications of new articles posted by particular authors. Your PI is retained in relation to your choice to follow certain authors. You may stop receiving notifications by choosing to not follow that author in your account.

Tell-A-Friend Email: we ask for your email address and the recipient's email address to allow you to send a personal greeting to one of your friends. We make no use of the email address or information contained in these greetings except to complete the service you have requested. We assume when you use the Email-A-Friend features that you have the consent of the recipient of your message to provide his or her email address for the purpose of sending the message and any attached information.

Links: L1 provides links to websites outside their control. L1 is not responsible for the privacy, terms of use or other policies of any other website or their management of your PI.

Corporate change: we may sell, transfer or otherwise disclose Personal PI including but not limited to your name and mailing address, if there is a fundamental corporate change e.g. a merger, consolidation, reorganization, strategic partnership or the sale of substantially all assets.

Government process: if compelled to do so by valid subpoena or court order or other governmental process, we may disclose PI as we are legally required to do. We may also use or disclose your PI if necessary to protect the interests of L1 or its Corporate Affiliates.

Cancellation: you may opt out of our email newsletters and other communications at any time by choosing the unsubscribe link in a message or select "No" in your profile after registration.

Technical Information
Cookies
We collect and aggregate information on thousands of site visits about how users navigate through our website. We analyze this information as a whole to improve our site by gearing it to users' preferences. We may share this information with our affiliates or other third party companies to indicate to them the amount of interest in our site and to help us make technical improvements. Note: this aggregated information will not identify you individually or any other user of our website.

Cookies identify your computer and not your email address.

We use cookies to track items you placed in your shopping cart during a single shopping session. Cookies automatically expire when you have not returned to our Site for a certain period of time.

Your browser must be set to accept cookies before you can place an order.

Some of our Business Partners may use cookies on our site. We have no access to, or control over these cookies once we have given our partners permission to use cookies for advertising purposes.

Analytical Data
Analytic service providers, and advertising software may use cookies on our behalf and may receive information about your browsing and buying activity on this website. This information may include your Internet Protocol (IP) address, your computer's operating system, browser type and the address of a referring website, if any.

Security
At L1 we have electronic and corporate policies and procedures in place for the security of every order placed online. We use Secure Socket Layer technology (SSL) to keep others from intercepting your information while it is being transmitted across the Internet. SSL technology is the industry standard method of communicating secure online transactions and is built into most major browsers. The secure mode begins when you initiate your order. All information, once on our server, is protected from any external intrusions. Once your order is processed, we do not retain your credit card number in our online systems. Only L1 employees who require your PI to serve you have access to your data, which is password protected. SSL protects information en route to us, and the security certificate confirms that we are the recipients of this information. You can be assured that we strive to protect your data with the utmost care at all steps in the process. However, no data transmission over the Internet or any wireless network can be guaranteed to be absolutely secure. Therefore, we do not warrant or ensure the security of any information sent to us online. If you have questions, comments or concerns please contact us.

Email Abuse
There are deceptive individuals on the internet who might fabricate emails that appear to be, but are not, sent from reputable sources such as L1. These people may be "phishing," which is an attempt to trick unwary recipients of an email into divulging PI. L1 will rarely, if ever, request any PI in an unsolicited email message to you.

If you have any question about the genuineness of an email you receive that appears to be from L1, please feel free to contact us, but do not furnish any PI in response to the email unless its authenticity can be verified.

Transaction Security
Secured communications on the web require attention to authentication, encryption and data integrity. All three are addressed by the Secure Socket Layer (SSL) protocol. Authentication is the process of establishing that you are communicating with our web server, rather than another server assuming our identity. We have obtained a digital security certificate from Go Daddy Secure Certification Authority. The security certificate confirms we are the recipients of your communication.

Encryption is the process of scrambling data (through the use of keys and mathematical encoding algorithms) to prohibit anyone from understanding it if they intercept the data while it is on its way from your browser to our server. Encryption protects communications between your browser and our mainframe system.

To ensure you are in SSL (Secure Socket Layer) or secure mode for your transactions, look at the address of the page. Secure pages will usually appear with an address that begins with 'https://' rather than the standard 'http://'.

Child Policy
If you are under 18 years of age, please do not submit any information without the express consent and participation of a parent or guardian. If you believe that we have information from or about anyone under 13 years of age, please contact us immediately.

Links
We may provide links to affiliated entities and to other sites. These sites operate independently of L1 and have established their own privacy and security policies. For the best online experience, we encourage you to review these policies before submitting any Personal Information through these sites.

Consent to Transfer
This website is operated in the United States. If you are not in the U.S., please be aware that any information you provide to us will be transferred to and within the United States. By using this website and/or providing us with your PI through this website, you consent to this transfer.

Canadian citizens, except as restricted by law, are entitled to access their PI collected by L1 by writing to: L1 Technologies, Customer Service Privacy Director, 8885 Rio San Diego Drive, Suite 340, San Diego, CA 92108. We may ask you to pay an administrative fee for accessing or copying your information, but will inform you of the anticipated charges and confirm that you want us to proceed before processing your request. If you believe that we have collected is incomplete or inaccurate, L1 will correct the information upon verification of the omission or error and the identity of the person requesting the change.

If you are a resident of California, USA, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of your PI with third parties, for the third parties' direct marketing purposes. California law provides that you have the right to submit a request to us at the designated address and receive the following information: The categories of information we disclosed to third parties for the third parties direct marketing purposes during the preceding calendar year The names and addresses of third parties that received such information: and If the nature of a third party's business cannot be reasonably determined from the third party's name, examples of the products or services marketed.

Updates to this Statement
We reserve the right to make changes at any time to our policies and/or alter the look and functionality of our website. However, if we change how we use your PI, we will post the policy change and update this Statement accordingly. We encourage you to periodically review this Statement for updated information on our privacy and security policies.

Statement last updated June 1, 2009.

By using the Site and/or the Sync App, you agree that you are bound by the terms of this Privacy Policy. No physical signature is necessary for this Agreement to have legal effect and to be binding upon the Parties.

PART 2: L1 TECHNOLOGIES TERMS AND CONDITIONS USE OF IGOLF.COM & IGOLF SYNC APPLICATION

In addition to the terms set forth in the Privacy Policy, L1 provides its Site and Sync App to users on the following terms and conditions.

Security Rules
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: accessing data not intended for such user or logging into a server or account which the user is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mail bombing" or "crashing"; sending unsolicited e-mail, including promotions and/or advertising of products or services; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. You are specifically prohibited from accessing the raw data in L1's ".glf" files. If L1 finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, L1 reserves the right to delete those files or to stop those processes. If L1 suspects a user name is being used by someone who is not authorized by the proper user, L1 may temporarily disable that user's access in order to preserve system security. In all such cases, L1 will contact the member as soon as feasible. Use of any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, or taking any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure is expressly prohibited. Violations of these Security Rules may result in civil and/or criminal liability. L1will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. Username and Password You are responsible for maintaining the confidentiality of your username and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify L1 of any unauthorized use of your registration, information, username or password. Indemnification By using the Site and/or Sync App you agree to defend, indemnify and hold harmless L1 from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from this Agreement, your breach of this Agreement, your conduct or your use of the Site and Sync App. Release and Limitations of Liability You further agree to release L1 from any claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your breach of this Agreement.
IN NO EVENT SHALL L1 BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA, INNACURATE INFORMATION, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, SITE AND THE CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT L1 IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, L1'S MAXIMUM LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES PROVIDED HEREUNDER.


L1's Intellectual Property
L1's website and its contents are copyright of L1, ©2005-2009. All rights reserved.
If you post a comment or post to the Site, you specifically agree that:
a.) L1 shall immediately own an irrevocable, perpetual, royalty free license to use all or any portion of your post or comment for use on the Site, and for any other purpose that L1 determines to use the post or comment for, including, without limitation, licensing the post or comment to third-parties for a fee, either alone or as part of a license to additional content from the Site. You are not entitled to receive any compensation whatsoever for your release of the post or comment, except that where you have attributed the content to yourself, you will be credited with such authorship.
b.) You will be solely responsible for the content, and defend and indemnify L1 for any invasion of privacy, copyright infringement, defamatory or libelous statement, breach of a duty of confidentiality or other claim that arises as a result of your post or comment. You may not distribute or commercially use the Site or Sync App content without L1's express and written permission. You may not republish or syndicate L1's Site or Sync App content. You may not transmit or store the content in any other website or other form of electronic retrieval system.
You may not redistribute or reproduce any of the contents in any form.
This website contains material owned by or licensed to us. This material includes, but is not limited to design, layout, graphics and overall appearance. Reproduction is prohibited other than in accordance with the terms above.
You may not use L1's Site or Sync App (including feeds) to supply another site with L1's articles, posts, comments, or any other information from L1's website, except that you may post the title to articles, posts and comments with no more than 3 lines of the beginning of any article, post or comment, with a link back to the source that the article, post or comment originated from on the relevant L1 website. You may not copy or distribute any of L1's golf course data files (the ".glf files"). The .glf files are a proprietary file format that is compatible with iGolf devices. You agree that you will not give, share, trade or distribute any .glf file. The files that you purchase or download as part of your Membership are for your personal use only.

Return Policy
You may purchase goods through the Site. Most goods that you purchase through the Site are purchased from a third-party, who will email you its return policy with your purchase. L1 is not responsible for returns, warranty or repairs to goods that you purchase through L1 that are shipped by third-party. For goods that are sold directly by L1, you will receive a confirmation email from L1 with its return policy.

For any return to L1 of an L1 product, a return of merchandise authorization (RMA) must be obtained from iGolf prior to return. A 15% restocking fee may apply.

The purchase price of Membership and Software cannot be refunded. L1's iGolf Membership is an annual subscription which is not refundable once purchased. Once you have subscribed, you have access to L1's golf database, and therefore are presumed to have accessed the database, and therefore received value for your subscription. L1 does not offer refunds or credits for Membership. If you purchase a Membership, and proceed to challenge the charges to your credit card company, you agree that L1 may pursue you for collection in San Diego, California, and that L1 will be entitled to attorneys fees and costs for its efforts to collect your "charged back" Membership fees. In the event that a third-party has used your credit card fraudulently, your credit card insurance should cover your losses, and chargeback would be inappropriate.

Sync App End User License Agreement
In addition to the terms set forth in this Agreement, you agree that you are bound by the terms of the End User License Agreement ("EULA") set forth in the Sync App. A copy of the EULA can be viewed HERE.

Warranties
L1 DOES NOT WARRANT THAT ITS SITE OR SYNC APP WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVERS WILL ALWAYS BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF USE OF THE SITE OR THE SYNC APP RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, L1 IS NOT RESPONSIBLE FOR THOSE COSTS.
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SYNC APP, SITE AND THE INTERNET IN GENERAL. THE SITE AND SYNC APP ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. L1, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. L1 MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, DATA, SOFTWARE, TEXT, GRAPHICS AND LINKS.

General Provisions Partial Validity: If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Equitable Relief: You understand and agree that due to the nature of this Agreement, in addition to money damages, L1 will be entitled to equitable relief upon a breach of this Agreement by you. Governing Law: This Agreement is governed by the laws of the State of California without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in San Diego County, California Digital Admissibility: You hereby agree that a printed version of this Agreement and of any other notice given in electronic form by L1 or in the site, which is based upon or relating to this Agreement, shall be admissible in judicial or administrative proceedings and subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form. We reserve the right to make changes at any time to this Agreement from time to time. We encourage you to periodically review this Statement for updated information on our privacy and security policies.

By using the Site and/or the Sync App, you agree that you are bound by the terms of this Agreement. No physical signature is necessary for this Agreement to have legal effect and to be binding upon the Parties.