The Marketing
Club Exclusively
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Terms of Use

WEBSITE TERMS OF USE

NXS GOLF®, INCORPORATED PROVIDES THIS WEBSITE SUBJECT TO THE COMPLIANCE TO THE FOLLOWING TERMS AND CONDITIONS. TERMS DEFINED AS A CONTRACTUAL AGREEMENT BETWEEN THE USER DEFINED AS YOURSELF AND NXS GOLF® REGARDING YOUR USE OF THIS WEB SITE. WE RESERVE THE RIGHT TO UPDATE AND AMEND THESE TERMS.

1. PERTINENT INFORMATION
OUR OBJECTIVE OF THIS WEB SITE IS TO PROVIDE YOU WITH ACCESS TO INFORMATION, SERVICES, PRODUCTS, AND RELATED LINKS. THE TERMS ARE FOR THE PROTECTION OF OUR VISITORS TO THIS WEB SITE, AND YOUR ACCESS TO AND USE OF THIS WEB SITE CONSTITUES YOUR AGREEMENT WITH THESE TERMS. PLEASE DO NOT USE THIS WEB SITE IF YOU DO NOT AGREE WITH THESE TERMS. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO MODIFY, ALTER OR OTHERWISE UPDATE THESE TERMS AT ANY TIME. SUCH MODIFICATIONS, ALTERATIONS, AND UPDATES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. YOU AGREE TO BE BOUND BY SUCH MODIFIED, ALTERED, AND UPDATED TERMS IF YOU ACCESS OR USE THIS WEB SITE AFTER WE HAVE POSTED NOTICE OF SUCH MODIFICATIONS, ALTERATIONS OR UPDATES. THIS WEB SITE WILL PERMIT YOU TO LINK TO MANY OTHER WEB SITES THAT MAY OR MAY NOT BE AFFILIATED WITH THIS WEB SITE AND/OR WITH NXS GOLF®, INC. THE OTHER LINKED WEB SITES HAVE INDIVIDUAL TERMS OF USE THAT DIFFER FROM THESE TERMS. ACCESS TO AND USE OF SUCH LINKED WEB SITES THROUGH LINKS PROVIDED ON THIS WEBSITE IS GOVERNED BY THE TERMS OF USE AND POLICIES OF THOSE SITES INDIVIDUALLY, NOT THE TERMS OF THE NXS GOLF® INCORPORATED WEB SITE.

2. PRIVACY
PLEASE REVIEW OUR PRIVACY POLICY REGARDING USE(S) OF PERSONAL AND OTHER INFORMATION

3. WEBSITE USE AND OPERATION
NXS GOLF® INC. CONTROLS AND OPERATES THIS WEBSITE. ALL CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, TEXT, PHOTOGRAPHS, IMAGES, AND ILLUSTRATIONS, IS PROTECTED BY COPYRIGHTS, TRADEMARKS, SERVICE MARKS, AND/OR OTHER INTELLECTUAL PROPERTY RIGHTS (WHICH ARE GOVERNED BY UNITED STATES AND WORLDWIDE COPYRIGHT LAWS AND PRIVACY AND PUBLICITY LAWS, AND COMMUNICATION REGULATIONS). THE CONTENT IS OWNED AND CONTROLLED BY NXS GOLF®, INC. OR OUR AFFILIATES, OR BY THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS AND LICENSORS THAT HAVE LICENSED THEIR CONTENT OR THE RIGHT TO MARKET OR PROMOTE THEIR PRODUCTS AND/OR SERVICES TO OR BY NXS GOLF® INC. AND ITS APPROVED MEMBERS IN GOOD STANDING. CONTENT ON THIS WEB SITE OR ANY WEB SITE OWNED, OPERATED, LICENSED OR CONTROLLED BY AFFILIATES OR THIRD PARTY PROVIDERS, MERCHANTS, SPONSORS AND LICENSORS IS SOLELY FOR YOUR PERSONAL USE IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THE NXS GOLF® INC. MEMBERSHIP AGREEMENT TERMS AND CONDITIONS. YOU AGREE TO ABIDE BY ALL ADDITIONAL COPYRIGHT NOTICES, INFORMATION, OR RESTRICTIONS CONTAINED IN ANY CONTENT. YOU ARE PROHIBITED FROM COPYING, REPRODUCING, REPUBLISHING, UPLOADING, POSTING, TRANSMITING, DISTRIBUTING, AND/OR EXPLOITING THE CONTENT IN ANY WAY (INCLUDING BY E-MAIL OR OTHER ELECTRONIC MEANS) FOR COMMERCIAL USE WITHOUT THE PRIOR WRITTEN CONSENT FROM NXS GOLF®, INC. OR OUR AFFILIATES, THIRD PARTY PROVIDERS, MERCHANTS, SPONSORS AND LICENSORS. MODIFICATION OF OR USE OF THE CONTENT ON ANY OTHER WEB SITE OR NETWORKED COMPUTER ENVIROMENT, OR USE OF THE CONTENT FOR ANY OTHER PURPOSE OTHER THAN THOSE SET FORTH IN THE NXS GOLF®, INC. MEMBERSHIP TERMS AND CONDITIONS IS PROHIBITED, WITHOUT THE PRIOR WRITTEN CONSENT OF US OR THE PROVIDERS. YOU MAY NOT USE ON ANY WEBSITE(S) OTHER THAN YOUR NXS GOLF®, INC. REPLICATED WEBSITE, ANY REGISTERED OR UNREGISTERED TRADEMARKS, SERVICE MARKS OR COPYRIGHTED MATERIALS APPEARING ON THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY LOGOS OR CHARACTERS, WITHOUT THE EXPRESS WRITTEN CONSENT OF THE OWNER OF THE MARK OR COPYRIGHT. YOU ARE PROHIBITED FROM FRAMING, LINKING, OR OTHERWISE INCORPORATING ANY OF THE CONTENT OR OTHER MATERIALS ON THIS WEBSITE TO ANOTHER WEBSITE. VIOLATION OF TRADEMARK AND COPYRIGHT LAWS MAY RESULT IN SIGNIFICANT CIVIL LIABILITY OR CRIMINAL PENALTIES UNDER UNITED STATES AND/OR WORLDWIDE COPYRIGHT AND TRADEMARK LAWS. REPRODUCTION OR USE OF CONTENT, EXCEPT AS AUTHORIZED BY THESE TERMS, IS CONSIDERED INTENTIONAL INFRINGEMENT.

4. RESPONSIBILITIES OF USER
IT IS YOUR REPRESENTATION TO US THAT YOU WILL NOT USE THIS WEB SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS, OR ANY OTHER PURPOSE OTHER THAN THOSE SET FORTH IN THE NXS GOLF®,INC. MEMBERSHIP TERMS AND CONDITIONS. ANY VIOLATION OF THESE TERMS REVOKES THE PERMISSION OF YOUR USE OF THIS WEBSITE IMMEDIATELY WITHOUT THE NECESSITY OF ANY NOTICE. WE RETAIN THE RIGHT TO DENY ACCESS TO ANYONE AT OUR DISCRETION FOR ANY REASON, INCLUDING VIOLATION OF THESE TERMS AS PER THE PROVISIONS OF THE AGREEMENT. YOU ARE SOLELY RESPONSIBLE FOR YOUR INFORMATION, AND WE ACT AS A PASSIVE CONDUIT FOR YOUR ONLINE DISTRIBUTION AND PUBLICATION OF YOUR INFORMATION. AS USED IN THESE TERMS, INFORMATION IS DEFINED AS ANY INFORMATION OR DATA THAT YOU SUBMIT TO THIS WEB SITE AND ANY INFORMATION OR DATA THAT IS GENERATED BY THIS WEB SITE AS A RESULT OF YOUR USE OF THIS WEB SITE. IN THE EVENT THAT YOU ARE PROVIDED WITH USER IDENTIFICATION NUMBERS OR CODES (COLLECTIVELY, " ID'S"), CONFIRMATION NUMBERS, AND/OR PASSWORDS (AS APPLICABLE) IN THE USE OF THIS WEB SITE, YOU SHALL MAINTAIN SUCH USER ID'S, CONFIRMATION NUMBERS, AND/OR PASSWORDS IN CONFIDENCE AND YOU AGREE NOT TO DISTRIBUTE OR DISCLOSE THE SAME TO THIRD PARTIES. IT IS YOUR RESPONSIBILITY TO NOTIFY US IF WE NEED TO CHANGE OR DISCONTINUE ANY OF YOUR ID'S, CONFIRMATION NUMBERS, OR PASSWORDS. IT IS ALSO YOUR RESPONSIBILITY TO IMMEDIATELY REQUEST DISCONTINUATION OF AN ID, CONFIRMATION NUMBER, OR PASSWORD UPON YOUR KNOWLEDGE OR BELIEF THAT SUCH ID, CONFIRMATION NUMBER, AND/OR PASSWORD IS, OR MAY BE SUBJECT TO, A BREACH OF CONFIDENTIALITY. WE MAY SUSPEND OR TERMINATE YOUR SERVICE OR ACCESS TO THIS WEB SITE IF WE BELIEVE A BREACH OF THESE TERMS HAS OCCURRED. YOU AGREE TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION. IF YOU PROVIDE ANY INFORMATION THAT IS UNTRUE, INACCURATE, NOT CURRENT OR INCOMPLETE (OR WE HAVE REASONABLE GROUNDS TO SUSPECT THAT SUCH INFORMATION IS UNTRUE, INACCURATE, NOT CURRENT OR INCOMPLETE), WE HAVE THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCESS AND ACTIVITY, AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THIS WEB SITE.

5. PROHIBITED ACTIVITIES OF USER
YOU ARE SPECIFICALLY PROHIBITED FROM ANY USE OF THIS WEB SITE, AND YOU AGREE NOT TO USE OR PERMIT OTHERS TO USE THIS WEB SITE, FOR ANY OF THE FOLLOWING: (A) TAKE ANY ACTION THAT IMPOSES AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON THE WEB SITE'S INFRASTRUCTURE, INCLUDING BUT NOT LIMITED TO "SPAM" OR OTHER SUCH UNSOLICITED MASS E-MAILING TECHNIQUES; (B) DISCLOSE TO, OR SHARE WITH, THE ASSIGNED CONFIRMATION NUMBERS AND/OR PASSWORDS WITH ANY UNAUTHORIZED THIRD PARTIES OR USING THE ASSIGNED CONFIRMATION NUMBERS AND/OR PASSWORDS FOR ANY UNAUTHORIZED PURPOSE; (C) ATTEMPT TO DECIPHER, DECOMPILE, DISASSEMBLE OR REVERSE ENGINEER ANY OF THE SOFTWARE OR HTML CODE COMPRISING OR IN ANY WAY MAKING UP A PART OF THIS WEB SITE; (D) UPLOAD, POST, EMAILING OR OTHERWISE TRANSMITTING ANY INFORMATION, CONTENT, OR PROPRIETARY RIGHTS THAT YOU DO NOT HAVE A RIGHT TO TRANSMIT UNDER ANY LAW OR UNDER CONTRACTUAL OR FIDUCIARY RELATIONSHIPS; (E) VIOLATING ANY APPLICABLE LOCAL, STATE, NATIONAL OR INTERNATIONAL LAW, INCLUDING, BUT NOT LIMITED TO, ANY REGULATIONS HAVING THE FORCE OF LAW; AND, (F) USING ANY ROBOT, SPIDER, INTELLIGENT AGENT, OTHER AUTOMATIC DEVICE, OR MANUAL PROCESS TO SEARCH, MONITOR OR COPY OUR WEB PAGES, OR THE CONTENT WITHOUT OUR PRIOR WRITTEN PERMISSION, PROVIDED THAT GENERALLY AVAILABLE THIRD PARTY WEB BROWSERS SUCH AS NETSCAPE NAVIGATOR® AND MICROSOFT INTERNET EXPLORER® MAY BE USED WITHOUT SUCH PERMISSION.

6. LINKED SITES
NXS GOLF®, INC.’S WEBSITE CONTAINS LINKS TO THIRD PARTY AND/OR OTHER AFFILIATE’S WEB SITES NOT UNDER OUR CONTROL OR OPERATION (THE "LINKED SITES"). THE LINKS WILL LET YOU LEAVE THIS WEB SITE, AND YOU ACCESS THEM AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT WE PROVIDE THE LINKED SITES FOR YOUR CONVENIENCE AND INFORMATION ONLY. WE DO NOT ENDORSE NOR ARE WE RESPONSIBLE FOR ANY CONTENT, INFORMATION, OR OTHER RELATED MATERIALS FOUND AT ANY SUCH LINKED SITES OR ANY LINKS CONTAINED WITHIN SUCH LINKED SITES, WHETHER OR NOT WE ARE AFFILIATED WITH THE OWNERS OF SUCH LINKED SITES. MOREOVER, WE DO NOT CONTROL ANY USE OF CONTENT, INFORMATION OR OTHER RELATED MATERIAL THAT YOU PROVIDE TO, OR IS COLLECTED AND/OR TRACKED BY, SUCH LINKED SITES. SUCH USE BY LINKED SITES IS GOVERNED BY THE TERMS OF USE STATEMENTS AND/OR PRIVACY POLICIES OF SUCH LINKED SITES, NOT THE NXS GOLF®, INC. WEBSITE. THE TERMS OF USE STATEMENTS AND/OR PRIVACY POLICIES OF THE LINKED SITES MAY DIFFER FROM THIS ONE.

7. BUSINESS TRANSACTIONS
YOUR CORRESPONDENCE OR BUSINESS DEALINGS WITH, OR PARTICIPATION IN PROMOTIONS OF, ADVERTISERS FOUND ON OR THROUGH THIS WEB SITE, INCLUDING PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES, OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS ARE SOLELY BETWEEN YOU AND SUCH ADVERTISER. YOU AGREE THAT WE (AND THE PROVIDERS) SHALL NEITHER BE RESPONSIBLE NOR LIABLE FOR ANY LOSS OR DAMAGE INCURRED BY YOU AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THIS WEBSITE.

8. NO WARRANTIES
ALL CONTENT ON THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE, OUR AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE, WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY, USEFULNESS, OR CURRENCY OF ANY CONTENT, SERVICE, AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEBSITE. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING IN THE LINKED SITES) ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT.

9. LIMITATION OF LIABILITIES
IN NO EVENT SHALL WE NOR OUR AFFILIATED OR RELATED ENTITIES (INCLUDING PROVIDERS), NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEBSITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE ONLY, WE AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM: FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION 9 WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF US AND THE PROVIDERS, AND TO ALL RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, AND AGENTS.

10. GOVERNING LAW AND JURISDICTION
WE OPERATE THIS WEBSITE (EXCLUDING LINKED SITES) FROM OUR OFFICE WITHIN THE STATE OF ALABAMA. IT CAN BE ACCESSED FROM ALL 50 STATES, AS WELL AS FROM OTHER COUNTRIES AROUND THE WORLD. AS EACH OF THESE PLACES HAS LAWS THAT MAY DIFFER FROM THOSE OF THE STATE OF ALABAMA, BY ACCESSING THIS WEBSITE, YOU AGREE THAT THESE TERMS AND YOUR USE OF THE WEBSITE SHALL BE GOVERNED IN ALL RESPECT BY THE INTERNAL SUBSTANTIVE LAWS OF THE STATE OF ALABAMA, WITHOUT REGARD TO CONFLICT OF LAWS PROVISIONS AND SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. YOU FURTHER SUBMIT TO EXCLUSIVE JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF ALABAMA FOR ALL DISPUTES, CASES AND CONTROVERSIES REGARDING THIS WEBSITE, YOUR USE OF THIS WEBSITE, AND YOUR RELATIONSHIP WITH NXS GOLF®, INC. WE MAKE NO REPRESENTATION THAT MATERIALS ON THIS WEBSITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS, AND ACCESSING THEM FROM TERRITORIES WHERE THE CONTENT IS ILLEGAL IS PROHIBITED. THOSE WHO CHOOSE TO ACCESS THIS WEB SITE FROM OTHER LOCATIONS DO SO AT THEIR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, INCLUDING LAWS REGARDING THE TRANSMISSION OF TECHNICAL DATA EXPORTED FROM THE UNITED STATES OR THE COUNTRY IN WHICH YOU RESIDE.

11. INDEMNIFICATION
WE RESERVE THE RIGHT UPON DISCOVERY TO REPORT ANY MISUSE OR MISCONDUCT IMMEDIATELY TO ANY APPLICABLE GOVERNMENT AGENCIES. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND THE PROVIDERS, OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, COSTS, LIABILITIES, LOSSES AND DAMAGES OF ANY KIND (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR USE OF THIS WEBSITE.

12. ADDITIONAL GENERAL PROVISIONS
THESE TERMS ARE FOR THE BENEFIT OF US AND THE PROVIDERS, OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS. EACH OF THESE INDIVIDUALS OR ENTITIES SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE THESE TERMS DIRECTLY AGAINST YOU ON ITS (OR THEIR OWN) BEHALF. OUR FAILURE TO ACT WITH RESPECT TO A BREACH BY YOU OR OTHERS DOES NOT WAIVE OUR RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES. SHOULD ON OR MORE OF THE PROVISIONS OF THESE TERMS SHALL, FOR ANY REASON, BE HELD TO BE INVALID OR UNENFORCEABLE IN ANY RESPECT, SUCH INVALIDITY OR UNFORCEABILITY SHALL NOT AFFECT ANY OTHER PROVISIONS OF THIS AGREEMENT, AND THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED AS IF SUCH INVALID OR UNENFORCEABLE PROVISION(S) HAD NEVER BEEN CONTAINED HEREIN, PROVIDED THAT SUCH INVALID OR UNENFORCEABLE PROVISION(S) SHALL FIRST BE CURTAILED, REFORMED, LIMITED OR ELIMINATED TO THE EXTENT NECESSARY TO REMOVE SUCH INVALIDITY, ILLEGALITY, OR UNENFORCEABILITY WITH RESPECT TO THE APPLICABLE LAW IT SHALL THEN BE APPLIED. HEADINGS ARE FOR REFERENCE PURPOSES ONLY. THE PROVISIONS AND CONDITIONS OF THESE TERMS, AND EACH OBLIGATION REFERENCED HEREIN, REPRESENT THE ENTIRE AGREEMENT BETWEEN US AND THE PROVIDERS, OUR AFFILIATED OR RELATED ENTITIES, AND YOU, AND SUPERSEDE ANY PRIOR AGREEMENTS (EXCLUDING THE NXS GOLF®, INC. MEMBERSHIP AGREEMENT) OR UNDERSTANDINGS NOT INCORPORATED HEREIN. IN THE EVENT THAT ANY INCONSISTENCIES EXIST BETWEEN THESE TERMS AND ANY FUTURE PUBLISHED TERMS OF USE OR UNDERSTANDING, THE LAST PUBLISHED TERMS SHALL PREVAIL. NXS GOLF® INCORPORATED, RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.