1. ACCEPTANCE OF TERMS

Chris Beeman (aka “B-Man”) welcomes you to B-Man’s Guide to Golf in Charlotte, NC (“BMANGOLF”), which is a service owned and operated by BMAN.COM. BMANGOLF is provided to you subject to the following Terms of Service (“TOS”), which may be updated from time to time without notice to you. You can review the most current version of the TOS at any time at: https://golf.bman.com/terms-and-conditions.

2. DESCRIPTION OF SERVICE

BMANGOLF provides users with a free, easy to use, and feature-rich online site for obtaining golf course information for publicly accessible golf courses in Charlotte, NC and the surrounding area, which includes parts of South Carolina.

BMANGOLF gives users the ability to post their own course reviews and comment on reviews by other users. Users can also post and respond to forum messages relating to golf in Charlotte, NC and surrounding area.

BMANGOLF provides factual course information such as location, phone number, scorecard, amenity descriptions, facility information, grass type, membership options, greens fees and other cost information. This information is collected from the golf course’s official web site or by direct observation and experience of B-Man. While every effort is made to ensure this information is accurate and current, BMANGOLF is not responsible for inaccuracies contained herein and users should always verify fees and other information before making a decision to patronize a particular golf course.

BMANGOLF also allows users including B-Man to post opinions related to golf course quality, conditions, difficulty, value, and staff friendliness, among other attributes, for the purposes of ranking golf courses and providing information to other users. Reviews on this site will contain subjective information and BMANGOLF does not endorse the opinions or claims made by users unless explicitly stated as so by B-Man.

BMANGOLF will make every reasonable effort to provide access on demand to users. We cannot, however, guarantee perfect access at all times. Such occurrences as extremely high website traffic, power outage, natural disasters, changes in law, strikes, etc. may from time to time prevent access to BMANGOLF from all or part of the World Wide Web. BMANGOLF will make every commercially reasonable effort to restore access as soon as possible in the event its own services are disrupted. BMANGOLF will not accept responsibility for any consequences resulting from disruptions in service.

BMANGOLF has made every reasonable effort to compose software and programs that are compatible with the browsers and operating systems now generally in use on the Internet, and every reasonable effort to ensure these programs are free of defects. BMANGOLF will not accept responsibility for any consequences resulting from incompatibility between its software and programs and those of any users.

3. LICENSE TO USE SOFTWARE

Users have a limited license to access and use the software that comprises this site for which they have registered. No one may reproduce, copy, or redistribute, whole or in part, any of the software that constitutes the BMANGOLF service functions. No rights of any kind in any of BMANGOLF’s software, programs or other property shall accrue to any user.

4. YOUR REGISTRATION OBLIGATIONS

To register on BMANGOLF you need to enter your real name, email address, and a password, and you need to agree to these Terms Of Service. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the BMANGOLF registration form (“Registration Data”) and (b) maintain and promptly update Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BMANGOLF has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BMANGOLF has the right to suspend or terminate your account and refuse any and all current or future use of BMANGOLF (or any portion thereof).

Since we use your email address to look up your account information and to send you password reminders and other information about the site, you must use a valid email address when registering. You can verify and edit your email address at any time using the Edit Profile page after logging in.

5. PRIVACY POLICY

Registration data and certain other information about you are subject to our privacy policy. For more information, see the full BMANGOLF Privacy Policy at https://golf.bman.com/privacy-policy. You understand that through your use of BMANGOLF you consent to the collection and use (as set forth in the privacy policy) of this information.

6. ACCOUNT AND PASSWORD SECURITY

You will use your email address to login and create a password when registering with BMANGOLF. You will also designate a nickname to be used as your author name for reviews, forum messages and comments you post. You may use your real name in place of the nickname if you choose. Your password should be something easy to remember and should not be the same password you use to protect important personal information such as bank and brokerage accounts. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify BMANGOLF of any unauthorized use of your account or any other breach of security, and (b) ensure that you log off from your account at the end of each session. BMANGOLF cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

7. USER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not BMANGOLF, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via BMANGOLF. BMANGOLF does not control the user Content posted via BMANGOLF and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using BMANGOLF, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BMANGOLF be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via BMANGOLF.

You agree to not use BMANGOLF to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

2. harm minors in any way;

3. impersonate any person or entity, including, but not limited to, B-Man or other user, or falsely state or otherwise misrepresent your affiliation with a person or entity;

4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through BMANGOLF;

5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;

7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

9. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of BMANGOLF are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

10. interfere with or disrupt BMANGOLF or servers or networks connected to BMANGOLF, or disobey any requirements, procedures, policies or regulations of networks connected to BMANGOLF, including using any device, software or routine to bypass our robot exclusion headers;

11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

13. “stalk” or otherwise harass another; and/or

14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge that BMANGOLF may or may not pre-screen Content, but that BMANGOLF and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via BMANGOLF. Without limiting the foregoing, BMANGOLF and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by BMANGOLF or submitted to BMANGOLF, including without limitation information in BMANGOLF forums and in all other parts of BMANGOLF.

You acknowledge, consent and agree that BMANGOLF may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of BMANGOLF, its users and the public.

8. TERMINATION

You may terminate your BMANGOLF account, any associated email address and access to BMANGOLF by submitting such termination request to BMANGOLF.

You agree that BMANGOLF may, without prior notice, immediately terminate, limit your access to or suspend your BMANGOLF account, any associated email address, and access to BMANGOLF. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to BMANGOLF (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with BMANGOLF. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in BMANGOLF’s sole discretion and that BMANGOLF shall not be liable to you or any third party for any termination of your account, any associated email address, or access to BMANGOLF.

Termination of your BMANGOLF account includes any or all of the following: (a) removal of access to all or part of the offerings within BMANGOLF, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of BMANGOLF.

9. LIABILITY LIMIT

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

10. INDEMNITY

You agree to indemnify and hold us and (as applicable) our affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Last updated on February 3, 2022.