Terms & Conditions of Use
BEFORE ACCESSING THE SITE (AS DEFINED BELOW), YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN YOUR USE OF THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE. ACCORDINGLY, PLEASE EXIT THE SITE.
Welcome to the Golf by Choice website and its associated servers and databases (collectively, the “Site”), owned and operated by IM Specialist LLC (“IMS”). IMS is an independent service provider of Choice Privileges, Inc. (together with its affiliates, “Choice”), and is not affiliated with Choice. This agreement contains the terms, covenants, conditions, and provisions (the "Terms and Conditions") upon which you (also referred to herein as "User") may access and use the Site.
Terms and Conditions
By accessing, viewing, logging into or otherwise using the Site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract and that you accept such Terms and Conditions and agree to be legally bound by them. You represent and warrant that you are at least 18 years old and that you will be bound to any legal obligations you may incur as a result of using the Site. Please note that IMS reserves the right to change the Terms and Conditions under which the Site and its offerings are extended to you. Your continued use of the Site following such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions.
Grant of License. This Agreement provides you with a personal, revocable, nonexclusive, nontransferable license to use the Site conditioned on your continued compliance with the Terms and Conditions of this Agreement. You are authorized to view and access a single copy of the content available on or from the Site solely for your personal, noncommercial use. You may print and download materials and information on the Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, or otherwise use any information or material obtained from or through the Site. As a further condition of use of the Site, you warrant to IMS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
Intellectual Property Rights. IMS uses certain Choice trademarks and other intellectual property by permission. All material contained on the Site, unless otherwise indicated, is protected by law including, but not limited to, copyright and trademark law, as well as other state, national and international laws and regulations. Except as provided herein, IMS does not grant any express or implied rights to you. Other product and company names, logos, images and content mentioned or included herein and on the Site are the property of their respective owners.
Payment Processing. Payments for any goods or services purchased through the site or as a result of your use of the Site (“Site Transactions”) will be processed and handled by the respective third party payment vendors such as but not limited to credit card companies and/or processors or PayPal (each a “Payment Vendor”). IMS is not responsible for the decisions or actions of any Payment Vendor in connection with your Site Transactions. Choice Hotels and Choice Privileges do not handle or process payments and will not appear on your credit card bill for Site Transactions.
Interaction with Third Parties. IMS may post or otherwise make available third party generated material on or through the Site from, among others, sponsors, advertisers or other third party providers displaying their goods and services on the Site (each a “Third Party Provider”). The Third Party Providers are responsible for the accuracy of the information and materials. Accordingly, IMS expressly disclaims any responsibility for the content, the accuracy or currency of the information, and/or quality of products or services provided by or advertised on these third party websites or by or on behalf of the Third Party Providers. Moreover, these links do not imply an endorsement of any Third Party Provider or any website or the products or services provided by any Third Party Provider. Your interactions, purchases, participation in, or any other dealings with Third Party Providers found on the Site (collectively, “Third Party Interactions”) are solely between you and any such parties and will be governed by the privacy policies and terms of use of those particular Third Party Providers, which are subject to change. It is important that you review and agree to the particular Third Party Providers’ terms, conditions and policies prior to proceeding with any Third Party Interactions. You agree that IMS shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such Third Party Providers on the Site. If you have any questions, concerns or issues in connection with the Third Party Interactions, please contact IMS at golfbychoice@imspecialist.net or call 888-641-3932. Moreover, IMS shall not be responsible or liable for the accuracy, quality, suitability, currency or content of the statements or conduct of any third party on the Site. You shall not knowingly or intentionally interfere with the display of any advertisement on the Site.
Links to Other Sites. IMS provides links to other websites in connection with the Site. These websites have not necessarily been reviewed by IMS and are maintained by third parties over which IMS exercises no control.
Choice Privileges Rewards Program. Purchases of goods and/or services through the Site from Third Party Providers are eligible to earn Choice Privileges award points (“Points”). The total number of award Points will be displayed prior to checkout. Points will not be earned on purchases from Third Party Providers that are not made via the Site (e.g., for purchases made at a golf course after booking a tee time through the Site). The number of Points earned or to be earned may vary by member. Certain Choice Privilege Reward Program members may receive preferential pricing. Pricing is subject to change without notice.
Points accrued, awards, and benefits issued are subject to change and are subject to the rules of the Choice Privileges Rewards Program (the “Choice Privileges Program”). Please allow 6-8 weeks after completed qualifying activity for Points to post to your account. For terms and conditions of the Choice Privileges Program, see the Choice.com website or https://www.choicehotels.com/choice-privileges/rules-regulations. For complete details about the Golf by Choice, go to www.golfbychoice.com.
In its discretion, at any time, and for any or no reason, Choice may prevent or restrict access to the Site or any part thereof for all or certain users or Golf by Choice members, with or without notice. Access may vary by user. Any actual or suspected fraudulent, abusive, or illegal activity is grounds for termination of your access to the Site in Choice’s discretion and may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Choice may otherwise have.
Transactions on the Site are being made with Third Party Providers, not Choice. CHOICE IS NOT RESPONSIBLE FOR ANY PRODUCTS, SERVICES OR ACTS OF IMS OR ANY THIRD PARTY PROVIDERS AND IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF IMS OR ANY SUCH THIRD PARTY PROVIDERS.
Acceptable Site Use. Users are prohibiting from posting, uploading, publishing, submitting or transmitting any content (including, without limitation, any text, graphics, images, music, audio, or video) that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances. Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) 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", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Users are prohibited from using 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. Users are prohibited from using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any IMS Site other than the search engine and search agents available on the Site and other than generally available third party web browsers (e.g., Mozilla Firefox, Microsoft Internet Explorer, Google Chrome, Apple Safari).
Enforcing Security. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, IMS reserves the right to view, monitor, and record activity on the Site without notice to or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site. IMS will also comply with all court orders involving requests for such information. IMS reserves the right, but is not obligated to, remove or disable access to any content, at any time and without notice, including, but not limited to content that IMS, in its sole discretion, considers to be objectionable or in violation of these Terms and Conditions. IMS has the right to investigate potential violations of these Terms and Conditions or conduct that affects the Site and to terminate further access to the Site by a user, for any reason, including, without limitation, users considered by IMS to have violated these Terms and Conditions.
Privacy Policy. Please see IMS’s Privacy Policy for a summary of IMS's personal data collection and use practices. By using the Site, you consent to IMS's collection and use of personal data as outlined therein.
Password Policy. Your use of certain portions of the Site requires the use of your Choice Privileges account number and password. Anyone with knowledge of your account number and password can gain access to the restricted portions of the Site and the information available to you. Accordingly, you must keep your account number and password secret. By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your respective account number and password, as well as for any communications entered through the Site using your account number and password. You will also immediately notify IMS if you become aware of any loss or theft of your account number or password or any unauthorized use of your account number or password.
Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While IMS has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from the Site over the Internet cannot be guaranteed. Accordingly, IMS is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You assume the sole and complete risk for using the Site.
Events Beyond the Control of IMS. You expressly absolve and release IMS from any claim of harm resulting from a cause beyond IMS's control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, acts of terror or governmental restrictions.
DISCLAIMERS. WHILE IMS ENDEAVORS TO PROVIDE ACCURATE INFORMATION, MATERIALS, PRODUCTS AND SERVICES, THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS THAT MAY AFFECT THE QUALITY OF THE INFORMATION, PRODUCTS OR THIRD-PARTY CONTENT CONTAINED ON OR MADE AVAILABLE VIA THE SITE. MOREOVER, IMS MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE SITE OR TO THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THE SITE AT ANY TIME, FOR ANY REASON.
YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND/OR SERVICES AVAILABLE ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, AND SERVICES LINKED TO, DOWNLOADED FROM, DISTRIBUTED THROUGH OR ACCESSED FROM THE SITE. NEITHER IMS NOR CHOICE MAKES ANY REPRESENTATIONS ABOUT THE SUITABILITY, QUALITY, COMPLETENESS, TIMELINESS, CURRENCY, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED ON THE SITE, INCLUDING BUT NOT LIMITED TO THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, AND SERVICES LINKED TO, DOWNLOADED FROM, DISTRIBUTED THROUGH OR ACCESSED FROM THE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL IMS OR CHOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, MATERIALS, PRODUCTS, AND SERVICES OFFERED OR PROVIDED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF IMS AND/OR CHOICE, AS APPLICABLE, HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WHERE PARTICULAR STATES OR JURISDICTIONS' LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE TOTAL LIABILITY FOR IMS AND CHOICE, AS APPLICABLE, FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE SHALL NOT EXCEED THE AMOUNT OF $100 US DOLLARS.
Submissions. Any text, photos, videos, information, content, materials, ideas, suggestions, know-how, or other content (collectively, "content") that you submit to the Site, or otherwise submit to IMS, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for IMS to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed, for any purpose and for the full term of any rights that may exist in such content. You hereby waive any claim to the contrary.
Indemnity. You agree to defend, indemnify, and hold harmless IMS and Choice and their respective parents and affiliates and all of their employees, agents, directors, officers, members, managers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of the Site or any breach by you of this Agreement.
Arbitration. Any civil action, claim, dispute or proceeding arising out of or relating to the Site, your use of the Site, or the Site’s Privacy Policy shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Chicago, Illinois. As such, you do not have the opportunity to go to court to assert of defend your rights and you expressly give up your right to participate in or bring class actions. By using any website or application of IMS you consent to these restrictions. You and IMS shall select the arbitrator, and if you and IMS are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited the necessary and required deposit with the office of the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs. Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and IMS and your and IMS's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or IMS be entitled to punitive, special, indirect or consequential damages and both you and IMS hereby waive your and IMS's respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue, value or business. Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and IMS, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Chicago, Illinois.
Term and Termination. This Agreement will take effect at the time you begin using the Site (thereby indicating acceptance of these Terms and Conditions). IMS reserves the right at any time and for any reason to deny you access to the Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.
Waiver. Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by IMS of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
Severability. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
Visitor / IMS. No joint venture, partnership, employment, or agency relationship exists between you and IMS or Choice as a result of this Agreement or your utilization of the Site.
Entire Agreement/Reservation of Rights. These Terms and Conditions and the IMS Privacy Policy, which are hereby incorporated as if set forth fully in these Terms and Conditions, represents the entire agreement between you and IMS with respect to your use of the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and IMS with respect to the Site. Any rights not expressly granted herein are reserved.
Notification of Claimed Infringement. Pursuant to the Digital Millennium Copyright Act, written notification of claims of infringement may be submitted to the following designated agent:
Richard Cross, COO
IM Specialist LLC
877 Eagleton Drive
Lake Geneva, WI 53147
312-224-1752
golfbychoice@imspecialist.net