Last Golfer Standing World Record Attempt

The following is the terms and conditions between Last Golfer Standing and the buyer and or user of goods and/or services through the Last Golfer Standing web site, http://www.lastgolferstanding.com. If you do not agree to these terms, you will not be able to purchase anything or use the website, so please review these terms carefully:

INTRODUCTION
Buyer agrees to the terms and conditions outlined in this Online Contract with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Last Golfer Standing and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.

SETUP AND PAYMENT
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer’s credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer’s password. Buyer agrees to keep his or her password confidential and to notify Last Golfer Standing within 24 hours of any breach of this Contract or unauthorized use of the password. Last Golfer Standing does not protect Buyer from unauthorized use of Buyer’s password.

EDITING, DELETING, AND MODIFICATION
Last Golfer Standing reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Last Golfer Standing may modify this Contract, process, terms, conditions, and notices under which the Last Golfer Standing Web Site is offered, including but not limited to the charges associated with the use of the Last Golfer Standing Web Site. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.

LINKS TO THIRD PARTY SITES
The Last Golfer Standing Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Last Golfer Standing and Last Golfer Standing is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Last Golfer Standing is not responsible for webcasting or any other form of transmission received from any Linked Site. Last Golfer Standing is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Last Golfer Standing of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Last Golfer Standing Web Site, you warrant to Last Golfer Standing that you will not use the Last Golfer Standing Web Site for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Last Golfer Standing Web Site in any manner which could damage, disable, overburden, or impair the Last Golfer Standing Web Site or interfere with any other party’s use and enjoyment of the Last Golfer Standing Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Last Golfer Standing Web Sites.

USE OF COMMUNICATION SERVICES
The Last Golfer Standing Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

* Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

* Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

* Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

* Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

* Conduct or forward surveys, contests, pyramid schemes or chain letters.

* Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

* Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

* Restrict or inhibit any other user from using and enjoying the Communication Services.

* Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

* Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

* Violate any applicable laws or regulations.

Last Golfer Standing has no obligation to monitor the Communication Services. However, Last Golfer Standing reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Last Golfer Standing reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Last Golfer Standing reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Last Golfer Standing’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Last Golfer Standing does not control or endorse the content, messages or information found in any Communication Service and, therefore, Last Golfer Standing specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Last Golfer Standing spokespersons, and their views do not necessarily reflect those of Last Golfer Standing.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO LAST GOLFER STANDING OR POSTED AT ANY LAST GOLFER STANDING WEBSITE

Last Golfer Standing does not claim ownership of the materials you provide to Last Golfer Standing (including feedback and suggestions) or post, upload, input or submit to any Last Golfer Standing Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Last Golfer Standing, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Last Golfer Standing is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Last Golfer Standing’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

RIGHT TO REFUSE
Last Golfer Standing reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.

INDEMNIFICATION
Buyer agrees to indemnify, defend and hold Last Golfer Standing and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this Contract or use of the Site.

NON-TRANSFERABLE
Buyer’s right to use the Service is not transferable and is subject to any limits established by Last Golfer Standing or by Buyer’s credit card company.

TERMINATION/ACCCESS RESTRICTION
Last Golfer Standing reserves the right, in its sole discretion, to terminate your access to the Last Golfer Standing Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the Province of Ontario, Canada and you hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of the Last Golfer Standing Web Site. Use of the Last Golfer Standing Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Last Golfer Standing as a result of this agreement or use of the Last Golfer Standing Web Site. Last Golfer Standing’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Last Golfer Standing’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Last Golfer Standing Web Site or information provided to or gathered by Last Golfer Standing with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Last Golfer Standing with respect to the Last Golfer Standing Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Last Golfer Standing with respect to the Last Golfer Standing Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Last Golfer Standing Web Site are: Copyright 2009 by Total e Golf and Total e Integrated and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

MISCELLANEOUS
This Contract shall be treated as though it were executed and performed in Toronto, Ontario and shall be governed by and construed in accordance with the laws of Canada and of the Province of Ontario (without regard to conflict of law principles).

Any cause of action of Buyer with respect to the Site must be instituted within six (6) months after any purchase or be forever waived and barred. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.

All legal proceedings arising out of or in connection with this Contract shall be brought solely in Toronto, Ontario and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect.

To the extent that anything in or associated with the Site or Last Golfer Standing is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Last Golfer Standing to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE LAST GOLFER STANDING WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LAST GOLFER STANDING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE LAST GOLFER STANDING WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE LAST GOLFER STANDING WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

LAST GOLFER STANDING AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE LAST GOLFER STANDING WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LAST GOLFER STANDING AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LAST GOLFER STANDING AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE LAST GOLFER STANDING WEB SITE, WITH THE DELAY OR INABILITY TO USE THE LAST GOLFER STANDING WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE LAST GOLFER STANDING WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE LAST GOLFER STANDING WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LAST GOLFER STANDING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE LAST GOLFER STANDING WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LAST GOLFER STANDING WEB SITE.

SERVICE CONTACT : info@lastgolferstanding.com