LAST UPDATED: February 2022
Last Updated: January 2022
IMPORTANT! PLEASE CAREFULLY READ THESE TERMS BEFORE USING ANY OF THE GOLF POINT PLATFORMS, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
1. Your Account. The email address you provide when creating your account will be your username for logging into your account on the Golf Point Platforms. You will also be asked to select a password. Only you are authorized to use these login credentials in connection with the Golf Point Platforms. You may only have one account for use of the Golf Point Platforms. You are solely responsible for maintaining and protecting the confidentiality of your login credentials, and are fully responsible for all activities that occur under those credentials. You agree you that you will not sell or otherwise transfer your account or any rights you have as an account holder. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. We reserve the right to terminate your account or otherwise deny you access to the Golf Point Platforms in our sole discretion without notice and without liability. If your account is terminated or suspended, or you or we terminate these Terms, you will no longer have access to your account or any associated profile, statistics, course history, playing partners or other information contained within your account profile or history. By creating an account on an Golf Point Platform, you warrant and represent that that all information you provide to us is and will remain complete and accurate.
2. Use of the Golf Point Platforms. You agree that you will only use the Golf Point Platforms for your own personal use. Although we provide you with the ability to book tee times using the Golf Point Platforms, we are not responsible for any aspect of your golfing experience, and you understand that the policies, terms and conditions of the golf course(s) at which you book tee time(s) will be applicable to you. You agree to look solely to the applicable golf course for any issues associated with your golfing experience.
3. Sales Policies. Please see our Golf Point Policies which is incorporated herein by reference for information on fees, pricing, cancellations and refunds applicable to your purchase of services and goods available on or through Golf Point Platforms.
4. Account Cancellation and Termination. You may cancel your Golf Point Platform account by [INSERT PHONE NUMBER] at any time and indicating your intention to cancel your account. We expressly reserve the right to terminate these Terms at any time by either discontinuing the Golf Point Platforms, or as a result of your violation of any of the provisions set forth in these Terms, including, but not limited to, the Restrictions on Use set forth below. WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF THE GOLF POINT PLATFORMS IN THE EVENT THAT MORE THAN THREE TIMES IN ONE CONSECUTIVE 12-MONTH PERIOD YOU USE THE GOLF POINT PLATFORMS TO RESERVE A TEE TIME AND CANCEL LESS THAN 24 HOURS BEFORE THE TEE TIME OR FAIL TO APPEAR AT THE GOLF COURSE FOR YOUR TEE TIME WITHOUT CANCELING. Any obligations and duties that, by their nature, extend beyond the expiration or termination of these Terms will survive the expiration or termination of these Terms.
5. Restrictions on Use. You agree not to:
- Sell, auction or otherwise transfer tee times you book on any of the Golf Point Platforms.
- Use the Golf Point Platforms or any Platform Content (as defined below) for any commercial purpose, or to provide services to any third party as a service bureau without our prior express consent.
- Frame any of the Golf Point Platforms and/or Platform Content without our prior express consent.
- Use any manual or automated process, including, without limitation, robots, spiders or scrapers to access, copy, monitor or mine the Golf Point Platforms and/or any Platform Content for any purpose without our prior express written permission, except as may be a result of standard search engine or Internet browser usage).
- Take any action that causes one or more of the Golf Point Platforms to cease working properly.
- Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the Golf Point Platforms.
- Resell, copy, distribute, transfer, reverse engineer, disassemble, decompile, create derivative works of, or allow third-party access to the Golf Point Platforms, any Platform Content or any software or code contained therein.
6. Our Content. Unless otherwise explicitly specified by Golf Point, all materials that are included in or are otherwise a part of the Golf Point Platforms, including past, present and future versions, domain names, source and object code and the “look and feel” of the Golf Point Platforms (“Platform Content”) are owned, controlled or licensed by Golf Point, its subsidiaries or affiliates, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Platform Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the express permission of Golf Point and as is expressly provided in these Terms. Any unauthorized use of Platform Content is prohibited.
7. Your Content. We may provide certain features on the Golf Point Platforms that allow you to provide content to us (“User Content”). If you provide us with User Content or otherwise post User Content on an of the Golf Point Platforms, you grant to us an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed and to use your name and likeness in connection with the same. You represent and warrant that you own or otherwise have appropriate permission to upload and share your User Content and license it to us in accordance with these Terms; that the User Content is accurate; and that use of your User Content does not violate these Terms or the rights of any third party and will not cause injury to any person or entity. We have the right, but not the obligation, to monitor and edit or remove any activity or content, including but not limited to, your User Content, as we may determine in our sole discretion. We take no responsibility and assume no liability for your User Content and/or any content submitted by any third party. Upon Golf Points’ request, you will furnish Golf Point any documentation, substantiation or releases necessary to verify your compliance with these Terms. You authorize Golf Point to publish your User Content in a searchable format that may be accessed by users of the Golf Point Platforms and the Internet. Except as prohibited by law, you waive any moral rights you may have in your User Content that you submit, even if such User Content is altered or changed in a manner not agreeable to you.
8. Idea Submissions. It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and commissioned, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, we do not accept unsolicited materials or ideas, and take no responsibility for any materials or ideas so transmitted. If, despite our policy, you send us the content addressed in the prior sentence, you agree that we will be free to use any such content for any purposes whatsoever, including, without limitation, to develop, manufacture and market products and services; and create informational articles, without any payment of any kind to you.
9. User Interactions and Disputes. You agree that you are solely responsible for your interaction with other users of the Golf Point Platforms, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
10. Acceptable Use Policy; Community Usage Rules. When you contribute, upload, post or otherwise provide User Content to the Golf Point Platforms, you agree to comply with the following Usage Rules (collectively, the “Rules”):
- Content must be yours. All User Content must be original to you or otherwise in the public domain, not copied from someone else’s protected work, and you must have all rights in the User Content;
- No pictures or images of anyone but you and your friends and family. If you choose to upload photos to the Golf Point Platforms, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know but only with his/her/they express permission to post such materials.
- Don’t upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
- No music. Your User Content may not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.
- Keep it relevant. Your User Content should relate to the content across the Golf Point Platforms and should be intended to add to the discussion and community on the Golf Point Platforms – it should not include irrelevant topics or postings (this is not the place to discuss politics, religion, or private matters).
- Please follow codes of social decency. Although we encourage our users to express themselves with non-offensive individual self-expression, you must be respectful of others’ opinions and comments so we can continue to build a community for everyone to enjoy. By way of example, cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are strictly prohibited. Your User Content may not threaten, abuse or harm others. In addition, your User Content cannot include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
- Do not use the Golf Point Platforms for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the Golf Point Platforms. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
- Do not upload Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
- No violence. Your User Content may not promote violence or describe how to perform a violent act.
- Public forum; No Privacy Expectations. We hope that you will use the community portions of the Golf Point Platforms to exchange information and content and have discussions with other members. However, please remember the community portions of the Golf Point Platforms are public forums and User Content that you post will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
- Don’t share other people’s personal information. Your User Content may not reveal another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
- Don’t damage the Golf Point Platforms or anyone’s computers. Your User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Golf Point Platforms or any computer system.
11. Limitation of Liability
11.1 To the extent permitted by applicable laws, or as otherwise set forth herein, Golf Point and any person or entity associated with Golf Point’s provision of the Services (e.g., an affiliate, vendor, strategic partner or employee) (“Associated Parties”), will not be liable to you or any third party, for:
- any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if Golf Point has been advised of the possibility of such damages); or
- Your Content. In addition, other than the obligation of Golf Point to pay out Event Registration Fees in certain circumstances to certain organizers under the Merchant Agreement, and only in accordance with the terms therein, the maximum aggregate liability of Golf Point or Associated Parties is limited to the following:
- for Organizers of events with paid tickets, and subject to the terms of the Merchant Agreement, the fees (net of Golf Point Payment Processing Fees) that you paid us in the three (3) month period immediately preceding the circumstances giving rise to your claim; and
- for Organizers of events with free tickets only, Consumers or other Users, (1) the total amount of all tickets or registrations that you purchased or made through the Services in the three (3) month period immediately preceding the circumstances giving rise to your claim; or (2) if you made no such purchases, one hundred U.S. dollars (US $100).
11.2 Nothing in these Terms is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law.
12. IMPORTANT: BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; YOU AGREE THAT CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
(a) Contact Us First.
If you have a question or concern about the Services, please contact us first. Our customer support team will try to answer your question or resolve your concern.
(b) Agreement to Arbitrate.
In the unlikely event that our customer support team is unable to resolve your concerns, the parties (you and we) each hereby agree to resolve any and all disputes or claims under these Terms, with respect to the Services, or related to our relationship through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction, and only on an individual basis. In no event may either we or you seek to resolve a dispute with the other as part of any purported class, consolidated or representative proceeding. Binding arbitration is subject to very limited review. Only the arbitrator appointed pursuant to this Section, and not any federal, state or local court will have the authority to resolve any dispute or claim relating to this Section including, without limitation, regarding the scope, enforceability and arbitrability of these Terms. This arbitration provision will survive termination of these Terms. These Terms evidence a transaction in interstate commerce and the interpretation and enforcement of this Section 9 is governed by the Federal Arbitration Act, notwithstanding the choice of law set forth in Section 9(h) below.
(c) Scope of Agreement.
This agreement to arbitrate is intended to be broadly interpreted as to legal disputes between you and us. It includes, but is not limited to: (i) all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) all claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); and (iii) all claims that may arise after termination of these Terms and/or your use of the Services.
(e) No Class Actions.
YOU AND GOLF POINT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
(f) Notice of Dispute.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to Golf Point must be addressed to the following address (“Notice Address”) and must be sent by certified mail: Golf Point, Inc., Attn: Legal Department, 535 Mission Street, 8th Floor, San Francisco, CA 94105, USA. Notice to you will be addressed to a mailing, home or payment address currently on record with Golf Point and must be sent by certified mail. If Golf Point has no records of such physical address, such notice may be delivered to your Golf Point account email address. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If Golf Point and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Golf Point may commence an arbitration proceeding.
(g) Arbitration Proceedings.
The arbitration will be governed by the Commercial Arbitration Rules, or, if the actions giving rise to the dispute or claim relate to your personal or household use of the Services (rather than business use), the Consumer Arbitration Rules (in each case, the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Section 9, and will be administered by the AAA and settled by a single arbitrator. (The AAA Rules are also available by calling the AAA at 1-800-778-7879.) All issues in dispute between the parties are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Section 9.
(h) Location of Arbitration Proceedings.
If you are a Consumer, any arbitration hearings will take place (at your option) either in the county of your residence or by phone, except that is you are a Consumer whose residence is outside of the United States, the hearing will take place either in San Francisco, California or by phone or videoconference, at your option and as permitted by the AAA Rules. If you are a business (i.e., your use of the Services were for commercial use), then unless Golf Point and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location in the United States for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, AAA will determine the location. If your claim is for ten thousand dollars ($10,000) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All decisions by the arbitrator will be final and binding and judgment on the award rendered may be entered in any court having jurisdiction.
(i) Costs of Arbitration; Legal Fees.
i. Payment of Costs and Expenses. Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the AAA rules, provided that if you are initiating an arbitration against Golf Point and the value of the relief sought is ten thousand dollars ($10,000) or less, then Golf Point will advance all filing, administrative and arbitration costs and expenses imposed by AAA (subject to reimbursement as set forth below). Further, if the circumstances in the preceding sentence apply and your claim arises from your use of the Services as a Consumer, but the value of relief sought is more than ten thousand dollars ($10,000) and you demonstrate to the arbitrator that such costs and expenses would be more expensive than a court proceeding, then Golf Point will pay the amount of any such costs and expenses. In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous according to Federal Rule of Civil Procedure 11, you agree to reimburse Golf Point for all such cost and expenses that Golf Point paid and that you would have been obligated to pay under the AAA rules.
ii. Payment of Legal Fees. Just as in any court proceeding, each party will initially bear its own attorneys’ fees and expenses in connection with any arbitration. Should either party be determined to have substantially prevailed in the arbitration, then upon such party’s request, the arbitrator will award such prevailing party the reasonable attorneys’ fees and expenses that it incurred in connection with the arbitration, provided that to the extent that the dispute or claim relate to your personal or household use of the Services (rather than business use) Golf Point will not seek to recover its attorneys’ fees and expenses in an arbitration initiated by you. The arbitrator may make rulings and resolve disputes as to the reimbursement of attorneys’ fees and expenses upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
(j) Future Changes.
Notwithstanding any provision in these Terms to the contrary, you and Golf Point agree that if Golf Point makes any future change to this arbitration provision (other than a change to the Notice Address) Golf Point will provide you with notice of such change and you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision as unmodified by such rejected change.
(k) Special Severability.
In the event that any provisions of this Section are found to be invalid or unenforceable for any dispute or claim, then the standard Severability Section below will control..
(l) Opt Out.
You have the right to opt out and not be bound by the arbitration or class action waiver provisions set forth above by sending (from the email address we associate with you as a User) written notice of your decision to opt-out to email [email protected], with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Services or your agreement to these Terms (whichever is later); otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. Note that if you opt out of these arbitration provisions, Golf Point also will not be bound by them.
13. Reporting Copyright and Other Intellectual Property Violations. You may not use any of the Golf Point Platforms for any purpose or in any manner that infringes the rights of any third party. Golf Point encourages you to report any content on an Golf Point Platform that you believe infringes your rights, however, you must either be the owner or otherwise authorized to act on behalf of the owner in order to file such a report. If you have a good faith belief that content on any of the Golf Point Platforms infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), Golf Point has a designated agent for receiving notices of copyright infringement and Golf Point follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Golf Points’ copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content on any of the Golf Point Platforms violates your rights other than copyrights, please provide Golf Point with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding the Golf Point Platform or other complaint regarding alleged violation of rights to Golf Point’s copyright agent, who can be reached as follows:
Name: Joe McFrederick
Mailing Address: 1615 County Road 995, Ashland, OH 44805
E-mail Address: [email protected]
NOTE: This contact information is for inquiries regarding potential copyright and other infringement only.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Golf Point will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.
14. Widgets. Golf Point may allow you to access content on any of the Golf Point Platforms that you embed on your personal web page, third party web site or social networking site (i.e., by pasting the HTML or other code provided by us (typically labeled as an embed code)) (“Widgets”). We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets on your Personal Page does not provide you (or any third party) with any intellectual property rights in or to the Widget or any Platform Content made available via any Widget. Some Widgets and Platform Content are only made available for use pursuant to a separate agreement between Golf Point and the user.
NOTICE TO THIRD PARTY SITES: Any Platform Content made available in connection with your site, or otherwise, by our Widgets, third party widgets or otherwise, is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Platform Content upon notice.
15. Third Party Links, Content and Applications. There may be links from the Golf Point Platforms, or from communications you receive from us, to third party web sites or online features. The Golf Point Platforms also may include third party content that we do not control, maintain or endorse. Functionality on the Golf Point Platforms may also permit interactions between the Golf Point Platforms and a third party website or online feature, including applications that connect the Golf Point Platforms or your profile on the Golf Point Platforms with a third party site, service, application or other online feature. For example, the Golf Point Platforms may include a button enabling you to indicate, on your social networking page, that you “like” the Golf Point Platforms, or a feature that lets you post to your social networking page a link to the Golf Point Platforms, or the ability to share content from the Golf Point Platforms or your Content with a third party, which may be publicly posted on that third party’s web site. Using this functionality typically requires you to login to your account on the third party site and you do so at your own risk. We do not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or online features.
16. Linking Policy. We grant you the revocable permission to link to the Golf Point Platforms; provided, however, that any link to the Golf Point Platforms: (a) must not frame or create a browser or border environment around any of the content of the Golf Point Platforms or otherwise mirror any part of the Golf Point Platforms; (b) must not imply that we or the Golf Point Platforms are endorsing or sponsoring any third party or its products or services, unless we have given the third party prior written consent; (c) surrounding content must not present false information about, or disparage, tarnish, or otherwise, in our sole opinion, harm us or our products or services; (d) must not use any of our trademarks without our prior written permission; (e) must not contain or appear on the same page as content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in our sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Golf Point Platforms, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, Golf Point reserves the right to prohibit linking to an Golf Point Platform for any reason in our sole and absolute discretion.
17. Mobile Apps Services. If Golf Point offers products and services through applications available on your wireless or other mobile device (such as a mobile phone) (the “Mobile Application Services”), such as applications you download or text messaging services, these Mobile Application Services are governed by additional terms presented in connection with the applicable Mobile Application Service. These Mobile Application Services may be provided at no charge to you or may be available for a fee, as provided in the applicable additional terms, including, but not limited to, the terms presented to you in connection with your download of such Mobile Application Service. In addition, your wireless carrier’s standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or Devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless Device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information, or otherwise notify us that the wireless telephone number is no longer associated with you and identify such wireless phone number, to ensure that future messages directed to you are not sent to the person to whom your old number has been or will be assigned.
18. Promotions. The Golf Point Platforms may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.
20. Disclaimers. YOU AGREE THAT THE GOLF POINT PLATFORMS AND THEIR CONTENT IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE GOLF POINT PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE GOLF POINT PLATFORM; (B) YOUR CONTENT; AND/OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE GOLF POINT PARTIES OR VIA THE GOLF POINT PLATFORM. IN ADDITION, THE GOLF POINT PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE GOLF POINT PARTIES DO NOT REPRESENT OR WARRANT THAT THE GOLF POINT PLATFORMS WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GOLF POINT PLATFORM OR THE SERVERS THAT MAKE THE GOLF POINT PLATFORMS AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE GOLF POINT PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE GOLF POINT PLATFORMS IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE GOLF POINT PLATFORM IS AT YOUR SOLE RISK. THE GOLF POINT PARTIES DO NOT WARRANT THAT YOUR USE OF THE GOLF POINT PLATFORMS IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE GOLF POINT PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.
21. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE GOLF POINT PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE GOLF POINT PLATFORMS; (B) YOUR CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE GOLF POINT PLATFORMS; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE GOLF POINT PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE GOLF POINT PLATFORMS; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE GOLF POINT PLATFORMS; (G) THE ACTION OR INACTION OF ANY GOLF COURSE, GOLF COURSE MANAGEMENT COMPANY OR RESORT; (H) YOUR ACTIVITIES AT OR TRAVELING TO OR FROM A GOLF COURSE; OR (I) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE GOLF POINT PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF AN GOLF POINT PLATFORM). 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. IN NO EVENT WILL THE GOLF POINT PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00). YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF GOLF POINTS’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT OR SERVICE OWNED OR CONTROLLED BY THE GOLF POINT PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT OR SERVICE OWNED OR CONTROLLED BY THE GOLF POINT PARTIES.
YOU ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN GOLF IS A POTENTIALLY STRENUOUS ACTIVITY AND PRESENTS RISK OF PROPERTY DAMAGE, PERSONAL INJURY AND DEATH. YOU HAVE VOLUNTARILY ELECTED TO PARTICIPATE IN THE ACTIVITIES ASSOCIATED WITH THE GAME OF GOLF WITH KNOWLEDGE OF THE DANGERS INVOLVED, AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF PROPERTY DAMAGE, PERSONAL INJURY, AND DEATH. YOU DO HEREBY WAIVE, RELEASE, AND DISCHARGE US AND OUR AGENTS, OFFICERS, AND EMPLOYEES FROM ANY AND ALL LIABILITY FOR PROPERTY DAMAGE, PERSONAL INJURY, AND WRONGFUL DEATH, AND CLAIMS OF ANY NATURE WHICH MAY HEREAFTER ACCRUE TO YOU OR YOUR ESTATE AS A DIRECT OR INDIRECT RESULT OF YOUR PARTICIPATION IN THE GAME OF GOLF IN CONNECTION WITH THE GOLF POINT PLATFORMS.
22. No Third Party Beneficiaries. Except as may be expressly stated elsewhere by Golf Point, nothing expressed or implied in these Terms is intended to confer upon any person other than the parties and their respective successors or permitted assigns, any rights, remedies, obligations or liabilities whatsoever. The legal relationship between you and the golf course is not addressed in these Terms, but is subject to the terms and conditions of any agreement you enter into with that golf course.
23. Location and Territorial Restrictions. The information provided through the Golf Point Platforms and the Golf Point Platforms themselves are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We control and operate the Golf Point Platforms from offices located in the United States and make no representations or warranties that the use of the Golf Point Platforms are appropriate for use or access in other locations. Anyone using the Golf Point Platforms from other locations does so on their own initiative and is responsible for compliance with United States’ and local laws regarding online conduct and acceptable content, if and to the extent such laws apply. We reserve the right to limit the availability of the Golf Point Platforms or any portion of the Golf Point Platforms, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide. Software related to or made available by the Golf Point Platforms may be subject to United States export controls. Thus, no software from the Golf Point Platforms may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Golf Point Platforms, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
24. Choice of Law; Venue. The courts in some countries will not apply Ohio law to some types of disputes. If you reside in one of those countries, then where Ohio law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of the State of Ohio, U.S.A., excluding Ohio’s’ choice of law rules, will apply to any disputes arising out of or relating to these Terms. All claims arising out of or relating to these Terms will be litigated exclusively in the federal or state courts of Franklin County, Ohio, USA, and you and Golf Point consent to personal jurisdiction in those courts.
25. Assignment. In our sole discretion, we may assign these Terms without notice to you. You may not assign these Terms without our prior written consent.
26. No Waiver. The waiver by either party of any breach of these Terms will not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing, and signed by the party waiving its rights.
27. Severability. If any term of these Terms is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of these Terms will remain in full force and effect.
28. Our Right to Update These Terms. We reserve the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Golf Point Platforms so that they are accessible via a link on the home page, and that your use of the Golf Point Platforms after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Golf Point Platforms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Golf Point Platforms from that point forward
29. Entire Agreement. These Terms constitutes the entire agreement between you and Golf Point with respect to your use of the Golf Point Platforms and supersedes all prior agreements, proposals, negotiations, representations or communications. If there is a conflict between these Terms and any additional terms that Golf Point may implement across the Golf Point Platforms, the additional terms will control for that conflict.