PLEASE READ THIS USER AGREEMENT (THIS "AGREEMENT") CAREFULLY BEFORE USING THE PADE PUBLISHING, LLC WEBSITE (THE "SITE"). YOUR USE OF THE SITE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW THE TERMS AND CONDITIONS AND TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS, THEN YOU ARE NOT PERMITTED TO USE THE SITE.

From time to time, we may change the terms of this Agreement. By continuing to use the Site after we post any such changes, you accept this Agreement, as modified.

We reserve the right to deny access to the Site, or any service provided via the Site, to anyone who violates this Agreement or who, in our judgment, interferes with the ability of others to enjoy the Site, or infringes on the rights of others.

Ownership

The Site is owned and operated by the Company (“PADE PUBLISHING, LLC”). The mailing address for the Company is P.O. Box 1158 Rancho Mirage, CA 92270. All information provided on the Site is owned by or licensed to the Company and their affiliates (the "Company Information"). The Company and its licensors retain all proprietary rights to the Company Information. The Company has the right to use all material entered into the Site (other than third-party material transmitted through private electronic mail) in any of the Company's print or electronic publications. Except for making one hard copy print of limited portions of the Company Information on an ad hoc basis, or downloading as expressly authorized by the Company, the Company Information may not be reproduced, transmitted or distributed without the Company's permission. Requests for permission to reproduce or distribute materials found on the Site can be made by contacting pade@desertgolfer.com

Site Content

The Site and its contents are intended solely for the use by the Company users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site.

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or any services in whole or in part.

You may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from the Company, or from the copyright holder identified in such Content's copyright notice.

Notification of Copyright Infringement

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, please provide the Company with written notice of same ("Notice"). Such Notice should be provided only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site.

Trademarks

In order to avoid confusion as to which materials and services are provided by the Company and which are not, you may not use any trademark or service mark appearing on the Site without the prior written consent of the owner of the mark.

Restrictions

You are responsible for all of your activity in connection with any service provided on the Site and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to any service or to access the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Company user.

You are expressly prohibited from using the Site or any service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including any material that is deemed threatening or obscene, or engage in any kind of illegal activity. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site. You further agree to refrain from making any attempt to harvest or otherwise collect or compile information about others, including e-mail addresses or personal data, without their consent.

In addition, you will not obtain or attempt to obtain through any means any materials or information on the Site that have not been intentionally made publicly available either by their public display on the Site or through their accessibility by a visible link on the Site. You will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on or through the Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Site. Further, you will not take or attempt any action that, in the sole discretion of the Company, imposes or may impose an unreasonable or disproportionately large load or burden on the Site or the infrastructure of the Site.

Warranty Disclaimer

The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release the Company from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content contained in or accessed through the Site, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

The Company provides the Content available through the Site for informational purposes only. You may only use the Content, and any services available through the Site, for your personal and non-commercial use. While the Company tries to ensure that information posted to the Site is both timely and accurate, and that the services offered are reliable, errors may occur from time to time. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITE.

Links

This Site contains links to other websites which are provided solely as a convenience to you and not as an endorsement by the Company, its third party providers or distributors of the contents of such other websites. Neither the Company nor any third party provider or distributor shall be responsible for the content of any other websites. Neither the Company nor any third party provider or distributor make any representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk.

Attorney's Fees

If the Company or its affiliates take any action to enforce this Agreement and these Terms and Conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

Injunctive Relief

You acknowledge that a violation or attempted violation of this Agreement and the Terms and Conditions will cause such damage to the Company as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that the Company shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of the Terms and Conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by the Company in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.