Terms & Conditions (User Agreement)
In this User Agreement:
“SpareGolf” is owned and operated by Spareclubs, LLC. and means one in the same.
“SpareGolf services” means the SpareGolf.com website and any related service or tool.
Welcome to SpareGolf.com. By using the SpareGolf services, you agree to the following terms with SpareGolf. If you have any questions, please refer to our help section. This Agreement is effective on December 1, 2013 for current users, and upon acceptance for new users.
While using the SpareGolf services, you will not: post content or items in inappropriate categories or areas on our sites and services; infringe any laws, third party rights or our policies, such as the Prohibited and Restricted Items policies; use the SpareGolf services if you are not able to form legally binding contracts, are under the age of 18, or are suspended from using the SpareGolf services; fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity; fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity; manipulate the price of any item or interfere with other users' listings; circumvent or manipulate our fee structure, the billing process, or fees owed to SpareGolf; post false, inaccurate, misleading, defamatory or offensive content (including personal information); take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to SpareGolf); transfer your SpareGolf account (including feedback) and User ID to another party without our consent; distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm SpareGolf, or the interests or property of SpareGolf users; export or re-export any SpareGolf tools except in compliance with the export control laws of any relevant jurisdictions; copy, modify or distribute rights or content from the SpareGolf services or SpareGolf's copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent.
SpareGolf and its users work together to keep our sites and services working properly and safe. Please report problems, offensive content, and policy violations to us. SpareGolf works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify us and we will investigate. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the SpareGolf services, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-SpareGolf transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our reasonable discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue SpareGolf services.
Fees and Services
Registering with SpareGolf and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which is subject to change. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the SpareGolf site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites. All fees are quoted in U.S. Dollars. Final Sales Fees will be collected at the time your item is sold whether or not you complete a transaction with a buyer, but in a few circumstances, you may be eligible for a Final Sales Fees credit. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel and, for accounts over 180 days past due, deducting the amount owed from your PayPal or Authorize.net account balance.)
Refunds or Credits
As part of this agreement, the seller and buyer agree to pay SpareGolf all applicable fees regardless of whether the transaction between the buyer and seller is finalized. With respect to listing fees, you may apply for a credit to your account. With respect to Final Sales Fees, you may apply for a credit to your account if the buyer did not pay for the item. To apply for a credit, please email us at firstname.lastname@example.org with the listing ID, user name, and reason for the request. Any credit awarded will be applied to your account. If you would like to apply for a refund, please contact us at email@example.com with contact information, transaction number, listing number, credit transaction amount and date. Please allow 30 days for credits or refunds to be processed. When a refund is awarded, it is applied to the payment method where it originated. For example, if you made the payment with a credit card, the refund will go to that credit card.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications that are provided by third parties (including SpareGolf users). You may use catalogue content solely in connection with your SpareGolf listings during the time your listings are on SpareGolf's site.
While we try to offer reliable data, we cannot promise that the data will always be accurate and up-to-date, and you agree not to hold our data content providers or us responsible for inaccuracies in any data. If you choose to include data content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all SpareGolf policies. The data may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the data or create any derivative works (other than by including them in your listings).
Trading on SpareGolf and Limitation of Liability
While we strive to maintain a safe trading environment you accept that there are unfortunately sometimes risks when transacting online, including dealing with underage or fraudulent persons. You will not hold SpareGolf responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not an auctioneer. Instead, our site is a venue to allow registered users to offer, sell, and buy any item in our advertised or targeted markets, in a variety of pricing formats and locations, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. You should consider and use all of our suggested safe trading guidelines when trading online.
When you enter into a transaction you create a legally binding contract with another user. You must ensure that you comply with your obligations to that other member and are aware of any laws relevant to you as a buyer or seller. If another member breaches any obligation to you, you – not SpareGolf – are responsible for enforcing any rights that you may have. However, the buyer may contact SpareGolf if the item purchased was subject to a fraudulent listing. SpareGolf will review the listing and upon return of the item to SpareGolf if it is determined to be fraudulent SpareGolf may award a credit to the buyer's account. A fraudulent listing includes but not limited to false pictures, item description or other misleading information. SpareGolf is not insuring each transaction and will only review and award credits on a case by case basis as an effoft to build customer service. This remedy does not waive any rights of the seller or buyer.
You alone, and not SpareGolf, are responsible for ensuring that your listing, bidding and selling and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws. You must also ensure that you strictly comply with this Agreement and the policies which form part of the Agreement. SpareGolf reserves the right to remove any listing that violates this agreement or any applicable law.
We do not take ownership of the items at any time and do not transfer legal ownership of items from the seller to the buyer. SpareGolf does not issue any express or implied warranties with respect to the items listed on sparegolf.com. Further, we cannot guarantee continuous or secure access to the SpareGolf services, and their operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the SpareGolf services.
To the extent that SpareGolf is able to limit the remedies available under this Agreement, SpareGolf expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies: the supply of the services again; or the payment of the cost of having the services supplied again.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Without limiting other remedies available to SpareGolf at law, in equity or under this Agreement, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), delay listing your item, issue you a warning, restrict your activities through our site (including but not limited to buying, selling and posting activities), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way we are unable to verify or authenticate any information you provide to us; we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.
For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.
Access and Interference
The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to SpareGolf by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the SpareGolf services for any purpose without our express written permission. Additionally, you agree that you will not: take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of SpareGolf and the appropriate third party, as applicable; interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
By listing an item on SpareGolf’s site, you agree to pay SpareGolf’s applicable fees for the listing, assume full responsibility for the content of the listing and items offered, and accept the following listing conditions: When you list an item on SpareGolf’s sites, your listing will be posted on SpareGolf’s sites and can be viewed in My Account on SpareGolf. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so SpareGolf cannot guarantee exact listing durations. Where your listing appears in search and browse results it may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings. You can read more about where your listings appear in search and browse results in SpareGolf’s Help Pages. SpareGolf does not charge sales tax and the charging of sales tax is at the responsibility of the seller. If a seller is charging sales tax, that entity must be licensed to charge sales tax in its local jurisdiction. SpareGolf does not verify this but it will investigate any reports of improper taxes.
Cross Border Trade
You may be able to sell your items internationally and to list items with an international shipping option. However, you may restrict international buyers from purchasing your items if you explicitly exclude international shipping locations from your listings by creating and applying an exclusion list to your listings. You are responsible for complying with all laws and regulations applicable to the sale and shipment of items to international buyers.
Closing Your Account
You may close your SpareGolf account at any time, subject to: not having any outstanding items listed on the website; and resolving any outstanding matters (such as a suspension or restriction on your account); and paying any outstanding fees owing on the account.
You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the SpareGolf services.
SpareGolf is not your agent for any purpose in relation to this Agreement or your use of the SpareGolf services.
Legal notices must be served on SpareGolf's registered agent.
If a dispute arises between you and SpareGolf, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Legal Disputes – This Agreement will be governed in all respects by the laws of State of Florida. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes).
It is important to read and understand all our policies as they provide the rules for trading on the SpareGolf site. You should read the SpareGolf Rules and Policies Overview to see the rules that apply to you. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites, including but not limited to:
Each of these policies may be changed from time to time. Changes take effect when we post them on the SpareGolf.com. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.
Spareclubs, LLC is a limited liability corporation registered in the State of Florida. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. In our sole discretion, we may assign our rights and obligations under this Agreement to another entity. Headings are for reference purposes only and do not form part of this Agreement. Our failure to act on a breach by you or others doesn't waive our right to act on subsequent or similar breaches. This Agreement contains the entire understanding and agreement between you and SpareGolf. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.