Terms of Use
WEDGEWELL-McDUFF LLC TERMS OF USE
1. Acceptance.
These Terms of Use describe your relationship with Wedgewell-McDuff LLC, an Oregon limited liability company (“Wedgewell-McDuff, “we,” “us,” or “our”) and apply to use of the 4Par app (the “App”, any website we own or operate in connection with the App (“Site” and related services we may provide (collectively, the “Services”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. If you have questions, please contact us. By accessing or using our Services, you signify your agreement to these Terms of Use and our Privacy Policy located at https://4parapp.com/privacy-policy/ (collectively, “Terms”). If you do not agree with these Terms, you should not use, and are not permitted to use, our Services.
2. Changes to Terms of Use
We encourage you to review these Terms of Use from time to time. We reserve the right at any time to change any portion of these Terms of Use. If we change these Terms of Use, we will post an updated version with a new effective date in the App and/or on the Site. The posting of the amended Terms of Use is your notice of that change. By continuing to use our Services after updated Terms of Use are posted, you agree to abide by the updated Terms of Use. In the event you do not consent to the terms of the updated Terms of Use, you must discontinue use of our Services.
3. Authorized Users.
Access or use of our Services by anyone under the age of eighteen (18) is strictly prohibited.
4. Use of Services
a. Cheating. Wedgewell-McDuff prohibits cheating, and we constantly take steps to improve our anti-cheat measures. Cheating includes any action that attempts to or actually alters or interferes with the normal behavior or rules of a Service. Cheating includes, but is not limited to, any of the following behavior, on your own behalf or on behalf of others:
i. Accessing Services in an unauthorized manner (including using modified or unofficial third-party software);
ii. Playing with multiple accounts;
iii. Sharing accounts;
iv. Using any techniques to alter or falsify a device’s location (for example through GPS spoofing); and/or
v. Selling or trading accounts.
Our Services may not work on devices that Wedgewell-McDuff detects or reasonably suspects to be cheating, and Wedgewell-McDuff will not provide support to users who attempt to cheat. You agree that Wedgewell-McDuff may employ any lawful mechanisms to detect and respond to cheating, fraud, and other behavior prohibited under these Terms, including checking your device for the existence of exploits or hacking and/or unauthorized software.
b. Safe and Appropriate Use. While you are using our Services, please be aware of your surroundings, and play and communicate safely. You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, policies, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so.
Further, you agree that in conjunction with your use of the Services you will not make available any unlawful, inappropriate, or commercial content. You agree that you will not submit inaccurate, misleading, or inappropriate content, including data submissions, edits, or removal requests.
5. Limitations on Use.
While using the Services, you may not perform any actions which could interfere with or otherwise adversely affect the proper functioning of the Services. Without limiting the generality of the foregoing, you may not (a) take any action that imposes, or may impose, in Wedgewell-McDuff’s sole discretion, an unreasonable or disproportionately large load on Wedgewell-McDuff’s infrastructure; (b) bypass any measures Wedgewell-McDuff may use to prevent or restrict access to the Services; or (c) to send altered, deceptive, or falsely-sourced information.
Unauthorized or prohibited use of our Services may subject you to civil liability and criminal prosecution under applicable federal and state laws.
6. User Submissions
As part of your use of the Services, you may be provided with the functional ability to post, submit, upload, embed, display, communicate, or otherwise distribute text, data, graphics, external links or other materials (“User Content”).
You hereby grant Wedgewell-McDuff a non-exclusive, transferable, royalty-free, sublicensable, irrevocable, perpetual, worldwide right and license to use, reproduce, transmit, display, exhibit, index, comment on, modify, create derivative works based upon, perform and distribute User Content in connection with the operation, development, provision and use of the Services and other products offered by Wedgewell-McDuff. We reserve the right to remove or modify User Content for any reason.
By submitting User Content or posting or otherwise submitting content to the Services, by any means whatsoever, you represent and warrant: (a) you own or otherwise have all necessary rights to the User Content you provide and the rights to use it as provided in these Terms; (b) all information you provide is true, accurate, current and complete, and does not violate these Terms; and (c) the User Content will not cause damage or injury to any person or entity. You shall be solely liable for any damages resulting from any infringement of patent, copyright, trademark or other proprietary right, or any other harm resulting from your User Content.
Wedgewell-McDuff will use reasonable efforts to make your User Content unavailable/inaccessible upon your written request, but you acknowledge that such content may not be made unavailable immediately, and even if removed, content may still exist on our server or through other user accounts that have contributed to your blocks or questions or saved it in their own user accounts.
7. Provision of the Site.
We have no responsibility to provide you access to our Services. We reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Services or any part thereof, with or without notice. You acknowledge and agree that we shall not be liable to you for any modification, suspension or discontinuance of the Services.
Further, we shall not be liable to you for any loss or liability resulting, directly or indirectly, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, government orders, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or to other like causes.
8. User Account, Password, and Security.
You do not need to set up a user account to use some Services. However, additional features may be available to you with a user account. In order to register for a user account, you need to register using your AppleID, FaceBook login information, or an email account. You agree that you won’t disclose your user account password to anyone and you will notify us immediately of any unauthorized use of your account. Wedgewell-McDuff takes its account security obligations seriously; however, you are responsible for all activities that occur under your user account, whether or not you know about them.
9. Subscription; Subscription Fee; In-app Purchases.
Some features of our App, Site, and other Services are only accessible through a paid subscription and/or in app purchases. We may offer certain Services via a one-time purchase or by providing a monthly subscription plan. Payments are processed through the Google Play Store or iOS App Store.
10. Subscription Renewal.
When you subscribe to our subscription plan, your subscription will renew automatically. After you cancel your subscription, we will not charge you any subscription fees after the expiration of your then-current subscription. Please note that we do not provide full or partial refunds for prepaid sums. In any event, you will be able to continue to use the Services throughout the remainder of the subscription period for which you have already paid.
11. Wedgewell-McDuff Intellectual Property Rights.
Our Services, including without limitation, all software code, site architecture and design, interactive features and appearance thereof (“App IP”), all our trademarks, service marks, and trade names used in connection with our Services (the “Marks”) and all text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, and other copyrightable elements of the App and Site, and the selection and arrangements thereof (“Content” and collectively with App IP and Marks, “4Par IP”) are the property of Wedgewell-McDuff and/or its assigns, licensors, or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark, and other intellectual property rights laws. You may not make any use of the 4Par IP, without the express prior written consent of Wedgewell-McDuff.
You agree not to: (a) sell, resell, lease or the functional equivalent thereof, access to the Services, or 4Par IP to a third party; (b) attempt to reverse engineer the Services or any component thereof; or (c) attempt to create a substitute or similar service through the use of, or access to, the Services.
YOU ACKNOWLEDGE AND AGREE THAT NOTHING IN THESE TERMS OF USE SHALL HAVE THE EFFECT OF TRANSFERRING THE OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS, OR OTHER PROPRIETARY RIGHTS IN THE 4PAR IP OR ANY PART THEREOF TO YOU OR ANY THIRD PARTY. You undertake not to take any action which could be considered inconsistent with or which is likely in any way to prejudice such ownership rights.
12. Choice of Law and Jurisdiction.
The laws of the State of Oregon, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction, shall govern these Terms. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Services must be instituted within six (6) months from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action must EXCLUSIVELY be brought in the state or federal courts located in Eugene, Lane County, Oregon, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Oregon as your agent for service of process. You agree to waive any objection that the state or federal courts of Lane County, Oregon are an inconvenient forum.
13. Warranty Disclaimer.
YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES REGARDING: (a) AVAILABLE INFORMATION, PRODUCTS, OR SERVICES; OR (b) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
WE HAVE NO RESPONSIBILITY OR LIABILITY FOR: (a) LOSS OR DELETION OF, OR FAILURE TO RECEIVE, PROCESS, OR STORE ANY USER CONTENT OR OTHER INFORMATION MAINTAINED ON OR TRANSMITTED USING THE SERVICES; (b) VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY; OR (c) THE ACTIONS OF ANY THIRD PARTY.
14. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN ALL CASES, OUR LIABILITY TO YOU, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR A BREACH OF OUR OBLIGATIONS UNDER THESE TERMS OF USE OR OUR PRIVACY POLICY, OR FOR NEGLIGENCE, SHALL BE LIMITED TO THE GREATER OF $50.00 AS LIQUIDATED DAMAGES, NOT AS A PENALTY, AND AS THE SOLE AND EXCLUSIVE REMEDY. TO THE FULLEST EXTENT PERMITTED BY LAW, WEDGEWELL-MCDUFF, ITS SUPPLIERS, CONTENT PROVIDERS, LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, SERVANTS, CONTRACTORS AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FOR ANY REASON, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF THE ABOVE LIQUIDATED DAMAGES SHOULD FAIL IN THEIR ESSENTIAL PURPOSE.
15. Indemnity.
You agree to indemnify, defend, and hold harmless, Wedgewell-McDuff, its suppliers, content providers, licensors, and their respective officers, directors, shareholders, employees, representatives, servants, contractors and agents from any and all claims and damages (including, without limitation, attorneys’ fees, expert witness fees, and court costs) arising from or relating to any allegation regarding your use of the Services or any violation of these Terms.
16. Privacy.
Your use of our Services and any information you provide to us is governed by our Privacy Policy, which is available at https://4parapp.com/privacy-policy/, and which is incorporated herein by reference.
17. Assignment.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Wedgewell-McDuff without restriction.
18. Miscellaneous.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Wedgewell-McDuff as a result of these Terms or use of our Services.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the extent that the remaining provisions can be substantially applied within the original intent of these Terms taken as a whole. Any court holding a provision to be invalid, illegal, or unenforceable shall not render the offending provision void or unenforceable, but instead shall modify the provision to the minimum extent necessary to make the provision valid, legal, and enforceable.
Wedgewell-McDuff’s failure to act with respect to a breach of these Terms by you or others does not waive its right to act with respect to subsequent or similar breaches.
The section titles used in these Terms of Use are purely for convenience and carry with them no legal or contractual effect.
In the event of the termination of these Terms for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Services, the limitation on liability, indemnity, and all other provisions for which survival is equitable or appropriate.
These Terms of Use and the Privacy Policy incorporated herein by reference, are the entire agreement between you and Wedgewell-McDuff regarding the subject matter herein, and supersede any prior understandings or agreements, written or oral.
19. How to Contact Wedgewell-McDuff:
Mail:
2612 NW Northrup Street
Portland, OR 97210
E-mail:
golf@4parapp.com
These Terms of Use last updated on September 19th, 2022.