GOLFPASS U.S. TERMS OF USE AND SUBSCRIPTION AGREEMENT

GolfPass Terms of Service (U.S.)
Effective date: July 3, 2025

International GolfPass Member?

View the United Kingdom Terms and Conditions HERE

View the Australia Terms and Conditions HERE

Welcome to the Terms of Use (including any future modifications, the “Terms”) for websites, software, applications, content, games, interactive TV, or other products and online services which include these Terms or a link to these Terms (including all Content therein, the “GolfPass Services”). The GolfPass Services are made available to you by TGC, LLC, GolfNow, LLC, and their affiliated companies (including successors and assigns, “GolfPass,”, “we,” “us” or “our”) and/or third parties. These Terms set out the agreement between us and you regarding how you can use the GolfPass Services and what responsibilities you and we have to each other. 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE GolfPass SERVICES. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. 

These TOS, along with any applicable Supplemental Terms, set out the agreement between you and GolfPass regarding how you can use the GolfPass Services, and what responsibilities you and GolfPass have to each other. These TOS contain important information regarding your legal rights. the following Supplemental Terms, which are a part of these TOS, apply to your use of the relevant GolfPass Services:

• GolfPass Points Program Terms
• GolfNow Terms of Service
• Review Guidelines 
• SMS Terms and Conditions 
• Gift Card Terms
• GolfPass Travel Terms and Conditions
• Free Trial Terms and Conditions
  

BY using the GolfPass services, you accept and agree to be bound and abide by these TOS and our Privacy Policy, which describes our privacy practices in detail and is incorporated herein by reference. Please read them carefully.

1.         General.

1.1.       Acceptance of the TOS. You may access the GolfPass Services in accordance with the TOS. You represent that you have read, understood, and agree to be bound by these TOS in connection with your access to and/or use of any of the GolfPass Services. If you do not agree to these TOS, you may not access or use the GolfPass Services. By using the GolfPass Services, you will be deemed to have agreed to the TOS.

1.2.       Eligibility.

1.2.1.    The GolfPass Services are for users who are 18 years of age or older and reside in the United States (including its territories and possessions), or those outside the United States who, to the maximum extent permissible under applicable law, consent to use the GolfPass Services in accordance with U.S. laws and these TOS. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information regarding providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org.

1.2.2.    By accessing or using the GolfPass Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo (e.g., Crimea, Cuba, Iran, North Korea or Syria); and (ii) your access to and use of the GolfPass Services will comply with the United States export control and economic sanctions requirements.

1.3.       Supplemental Terms. Supplemental terms and conditions, including but not limited to those listed at the top of this page, may apply to your use of certain aspects or features of the GolfPass Services, such as sweepstakes, Free Trials, Promotions, Subscriptions or online purchases (“Supplemental Terms”). For clarity, the FAQs, Help Center, and Member Benefits pages are deemed a set of Supplemental Terms. Any Supplemental Terms are in addition to and deemed part of these TOS and, to the extent there is a conflict between the Supplemental Terms and these TOS, the Supplemental Terms will prevail with respect to such conflict (except that these TOS will control in the event of a conflict with the FAQs, Help Center, or Member Benefits pages). If you do not agree to the applicable Supplemental Terms, you may not use the features of the GolfPass Services to which they apply.

1.4.       Modifications. YOUR ACCESS TO OR USE THE GOLFPASS SERVICES IS GOVERNED BY THE THEN-CURRENT TOS. We may modify these TOS, and such changes will be effective thirty (30) days following either notification to you or our posting of the changes on the GolfPass Services.Your continued access or use of the GolfPass Services after we post changes to these TOS will be deemed acceptance of these TOS as modified. We encourage you to check back here for any such changes from time to time. Customer service representatives are not authorized to modify these Terms of Service or any Supplemental Terms, either verbally or in writing, and any such modifications will have no effect.

1.5.       Account Registration. You may be asked to create an account (“Account”) and provide registration information in order to access some of the GolfPass Services.  You are responsible for providing correct, current and complete information and maintaining the accuracy of such information. You agree that we may take steps to verify the information you provide. The GolfPass Services and any user names or passwords you use to access the GolfPass Services ("Passwords") are for personal use only. You are solely responsible for maintaining the security of your Passwords and you agree to immediately notify us of any unauthorized use of your Passwords and/or other security breaches related to the GolfPass Services. You may terminate your account for any reason or no reason.

1.5.1.    GolfID. Your GolfPass Account, which you also may see referred to as a GolfID, will allow you to access various websites and mobile apps relating to the GolfPass Services, including GolfNow, GolfPass, TeeOff, GolfNow Compete, and certain GolfNow-powered golf course mobile apps, and you will use your GolfID to sign in to those services. GolfNow may also provide you with the ability to use your GolfID, or create a GolfID, to sign into certain Third-Party Services (defined below), subject to Section 6 below. When you use your GolfID to sign into a GolfNow Service, these TOS will apply, along with any applicable Supplemental Terms and any additional terms that apply to that GolfNow Service. However, when you use your GolfID to sign into a Third-Party Service, these TOS will apply to your GolfID account, but your use of the Third-Party Service will be governed by the agreements and policies relating to the use of and made available by that Third-Party Service (see Section 6 below for additional details). The availability of GolfID with certain GolfNow Services or Third-Party Services is subject to change without notice at GolfNow’s discretion.

2.       Services.

2.1.       Availability of Services.  

2.1.1.    GolfPass may make certain portions of the GolfPass Services, like golf course reviews or video Content previews, available to you free of charge, but you may be required to login with a valid GolfPass Account to access those free GolfPass Services. Other GolfPass Services may require payment or for you to purchase a subscription. A valid GolfPass Account may also be required for paid GolfPass Services. The portions of the GolfPass Services that may be offered free of charge or require payment are determined at the sole discretion of GolfPass and are subject to change without notice to you.

2.1.2.       We grant you a limited, non-sublicensable, non-transferable license to access and use the GolfPass Services for your personal, non-commercial use only, and only in accordance with these TOS. Except as we specifically agree in writing, no element of the Content (defined below) may be used or exploited in any way other than as part of the authorized GolfPass Services made available to you. To the extent the GolfPass Services make Content available for download, we grant you the right to download such Content onto the device on which you use the GolfPass Services in compliance with these TOS. We may change, suspend or discontinue any or all of the GolfPass Services, in whole or in part, at any time for any reason without notice or liability to you. We make no representations or warranties about the quality, accuracy, or availability of the GolfPass Services, including, but not limited to blackouts, location or device-based limitations or compatibility, or Content-viewing windows.

2.2.       Payment Method. Certain GolfPass Services may require you to provide us with one or more payment methods. Either GolfPass or our payment processors will keep your detailed payment information, such as credit card number and expiration date, on file. You represent and warrant that you are authorized to use the payment method provided (including any updates to that payment method), and you authorize us to charge applicable purchases (plus applicable taxes and fees) to that payment method. You acknowledge that we may process an authorization hold using your payment information in order to verify the information provided and that we may retry your payment method following a failed charge attempt. You are responsible for keeping your payment details up-to-date in your account settings. If your payment method details change or are due to expire, then you agree that we may obtain or receive from your payment provider updated payment details including your card number, expiration date, and CVV (or equivalent), and you authorize us to charge your payment method using the updated information. If you do not pay any fees when due (for example, due to credit card expiration or insufficient funds), we may suspend or terminate your purchase or access to the GolfPass Services.

2.2.1.    Gift Cards.  We may offer gift cards (in digital or physical form) redeemable on certain purchases through the GolfPass Services. The purchase and redemption of gift cards are subject to the Gift Card Terms, which are deemed Supplemental Terms. For more details on GolfNow/GolfPass gift cards, please visit our Gift Cards Support Page.

2.3.       GolfPass Points Program. Effective April 25, 2023, all eligible GolfPass Account holders will be automatically enrolled in the GolfPass Points customer loyalty program (“GolfPass Points Program”). Your participation in the GolfPass Points Program, including eligibility and your receipt and/or redemption of GolfPass Points, will at all times be governed by the GolfPass Points Program Terms, which are deemed Supplemental Terms. For more information regarding the GolfPass Points Program, visit our GolfPass Points FAQ’s.

2.4.       Promotions. Certain purchases through the GolfPass Services may be offered as part of a promotion, including discounted offerings, third party incentives or as part of a bundle with other products or services offered by us or others (“Promotions”), and the availability and length of any such Promotion may be limited in duration (the “Promotional Period”). You may redeem a particular Promotion according to the rules for that Promotion (and such rules are deemed Supplemental Terms). The Rules applicable to a particular Promotion can be found on our FAQ page.  If you received a Promotion through a third party, additional terms and conditions may apply; please contact the applicable third party for those terms and conditions. We are not responsible for the products and services provided by third parties. Unless we expressly state otherwise in the applicable rules, a particular Promotion can only be redeemed once, cannot be redeemed for cash, and may not be combined with other offers.

2.5.       Personalization and Advertising Features. Certain of the GolfPass Services are personalized and ad-supported (including targeted (or personalized) advertising).  The personalized recommendations offered as part of the GolfPass Services and targeted advertising enable us to provide you with Content (including recommending relevant Content) and features that may otherwise be unavailable (or difficult to find) to you and are integral to the GolfPass Services and these TOS. The GolfPass Services also analyzes your data to improve the services offered and such continuous improvement is an integral part of the GolfPass Services. By using the GolfPass Services, you are requesting and directing us to provide you with personalized and ad-supported GolfPass Services that process data as described in our  Privacy Policy (subject to any choices and rights described therein).

2.6.       Wireless Features. The GolfPass Services may offer certain features that are available via a mobile network, such as the ability to receive messages, upload content or download applications to your wireless device (collectively, “Wireless Features”).  If you use any Wireless Features, you agree that we may send communications to your device. Your carrier may prohibit or restrict certain Wireless Features, and certain Wireless Features may be incompatible with your carrier or wireless device. Some features of the GolfPass Services may be limited by location or may not function without access to reliable location information, and we will not be liable to you for limitations or restrictions on access to Content without access to location information.

2.7.       Devices and Charges. You are solely responsible for obtaining all devices and software, internet connectivity, mobile service, and other services needed for your use of the GolfPass Services, and you will be solely responsible for all charges related to them.  Your carrier or internet service provider may charge fees for or restrict certain Wireless Features.

3.       Subscription Terms.

3.1.       GolfPass Memberships; Subscriptions. Access to certain GolfPass Services, such as GolfPass+, may require you to purchase a subscription (“Subscription”). Those GolfPass Services that require a Subscription are “GolfPass Memberships”. When purchasing your Subscription, you may be presented with different plans or options for GolfPass Memberships (each a “Membership Tier”), and these Membership Tiers may be subject to differences in pricing, benefits, duration, features, eligibility, usage rules, restrictions, and availability. Details on the benefits associated with each Membership Tier can be found on our Member Benefits page. GolfPass reserves the right to change the terms of your Subscription and the Membership Tiers, including the price and benefits, from time to time. A valid GolfPass Account is required to sign up for a Subscription.

3.2.       Subscription Fees and Auto-Renewal. ACCESS TO THE GOLFPASS MEMBERSHIPS REQUIRES YOU TO SIGN UP FOR A SUBSCRIPTION, WHICH INVOLVES AUTOMATIC ENROLLMENT INTO A RECURRING PAYMENT PLAN. IF YOU SIGN UP FOR A SUBSCRIPTION TO A GOLFPASS MEMBERSHIP, YOU AGREE THAT YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR SUBSEQUENT BILLING PERIODS OF EQUAL LENGTH TO YOUR CURRENT BILLING PERIOD (FOR EXAMPLE, MONTHLY OR ANNUALLY) AT THE END OF THE BILLING PERIOD AT THE THEN-CURRENT SUBSCRIPTION FEE (PLUS APPLICABLE TAXES AND FEES) UNLESS YOU CANCEL IN ACCORDANCE WITH THE INSTRUCTIONS BELOW. PAYMENT WILL BE CHARGED TO YOUR CHOSEN PAYMENT METHOD UPON PURCHASE CONFIRMATION AND AT THE START OF EVERY NEW BILLING PERIOD UNLESS YOU CANCEL. TO AVOID CHARGES AFTER A FREE TRIAL, CANCEL PRIOR TO EXPIRATION OF THE FREE TRIAL.

 Your billing period is the interval between each recurring billing date and corresponds to the term of your Subscription (for example, monthly or annually; your “Subscription Term”). To see your next recurring billing date, log in to your account and navigate to the Manage Membership page. You acknowledge that billing for a particular Membership Tier may not occur on the same date of each month if your Subscription began on a date not contained in a given month (for example, if you sign up for a monthly subscription on August 31st, you will be billed next on September 30th, etc.) or due to Free Trials, Promotions, gift card redemptions, or changes to your payment method.

 We will give you advance notice of any price change prior to the next billing date, but we will not be able to notify you of any changes in applicable taxes or fees. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions below. If you do not timely cancel your subscription, your subscription will be automatically renewed at the new price in effect at the time of the renewal, and you authorize us to charge your chosen payment method for these amounts.

Subscription purchases have no monetary value (for example, they are not a cash account or equivalent) and are purchases of only a limited, non-exclusive, revocable, non-assignable, and non-transferable right to access and use the GolfPass Services included in the Membership Tier of your Subscription in accordance with these TOS. You may not transfer, sell, purchase, barter, or trade your subscription or attempt or offer to do so. Any attempted transfer will be null and void.

3.3.       Subscription Payment Method. All subscription fees associated with your Subscription will be charged according to Section 2.2 (Payment Method) above.

3.4.       Free Trials and Promotions. From time to time, GolfPass may offer subscriptions to certain GolfPass Memberships on a limited, free-trial basis (“Free Trials”), and the availability and length of any such Free Trial may be limited in duration (the “Trial Period”). Certain GolfPass Membership benefits, such as monthly tee time promo codes, waived convenience fees and tee time protection on GolfNow, and other promotional gifts, may not be included during your Free Trial and will only be provided once your paid Subscription has begun. For more details, see Free Trial Terms and Conditions.

GolfPass Memberships may also be offered as part of a promotion, including discounted offerings, third party incentives or as part of a bundle with other products or services offered by us or others (“Membership Promotions”), and the availability and length of any such Membership Promotion may be limited in duration (the “Membership Promo Period”). You may redeem a particular Membership Promotion according to the rules for that Membership Promotion (and such rules are deemed Supplemental Terms). The Rules applicable to a particular Membership Promotion can be found on our FAQ page.  If you received a Membership Promotion through a third party, additional terms and conditions may apply; please contact the applicable third party for those terms and conditions. We are not responsible for the products and services provided by third parties. Unless we expressly state otherwise in the applicable rules, a particular Membership Promotion can only be redeemed once, cannot be redeemed for cash, and may not be combined with other offers.

Free Trials and Membership Promotions may be subject to Supplemental Terms. We have sole discretion to determine your eligibility for a Free Trial or a particular Promotion and may limit your opportunity to participate, and we may use information such as device ID, method of payment, or an account email address to determine your eligibility. Certain Promotions, such as student or military/first responder discounts, may require additional proof of eligibility. If you are required to provide a payment method in connection with a Free Trial or Membership Promotion, your payment method will be charged the then-current subscription fee (plus applicable taxes and fees) for the applicable GolfPass Membership following the expiration of the Trial Period or Membership Promo Period unless earlier terminated in accordance with these TOS. You may not receive a separate notice that your Trial Period or Promotional Period is about to end or has ended or that your paid or full price subscription to the Peacock Service has begun unless such notice is required by applicable law.

3.5.       Cancellation and Refund Policy. YOU MAY CANCEL YOUR SUBSCRIPTION TO THE APPLICABLE GOLFPASS MEMBERSHIP AT ANY TIME BEFORE THE END OF THE THEN-CURRENT BILLING PERIOD, TRIAL PERIOD, OR PROMOTIONAL PERIOD (AS APPLICABLE).

3.5.1.    How to Cancel. TO CANCEL YOUR SUBSCRIPTION, LOG INTO YOUR GOLFPASS ACCOUNT AND TURN AUTO-RENEW OFF ON YOUR MANAGE MEMBERSHIP PAGE. FOR DETAILS ON HOW TO CANCEL YOUR SUBSCRIPTION, PLEASE VISIT OUR FAQ’S OR HELP CENTER.

3.5.2.    Effect of Cancellation. CANCELLATION WILL TAKE EFFECT AT THE END OF THE THEN- CURRENT SUBSCRIPTION TERM. YOU MUST CANCEL YOUR SUBSCRIPTION ON THE DAY BEFORE YOUR NEXT RECURRING BILLING DATE IN ORDER TO AVOID BEING CHARGED FOR THE NEXT BILLING PERIOD. IF YOU CANCEL, YOU WILL STILL HAVE ACCESS TO YOUR SUBSCRIPTION THROUGH THE END OF THE CURRENT SUBSCRIPTION TERM UNLESS (i) YOU CANCELLED DURING A FREE TRIAL, (ii) YOU SUBSCRIBER THROUGH A MEMBERSHIP PROMOTION AND THE TERMS OF THAT MEMBERSHIP PROMOTION STATE OTHERWISE, (iii) WE PROVIDE YOU WITH A REFUND, OR (iv) WE OTHERWISE ALLOW YOU TO USE THE UNUSED PORTION TOWARDS ANOTHER SERVICE OR SUBSCRIPTION, IN WHICH CASE CANCELLATION MAY BE EFFECTIVE IMMEDIATELY.

3.5.3.    Refunds. Subscription fee payments for monthly GolfPass Memberships are non-refundable. Subscription fee payments for annual GolfPass Memberships are refundable only under the following circumstances: (1) You cancel your annual GolfPass Membership within the first thirty (30) days of purchase; and (2) You have not used any available GolfPass Membership benefits following the purchase of your Subscription. WE RESERVE THE RIGHT TO ISSUE REFUNDS, CREDITS, OR DISCOUNTS IN OUR SOLE DISCRETION IN ACCORDANCE WITH THE POLICY ABOVE. IF WE ISSUE A REFUND, CREDIT, OR DISCOUNT, WE ARE UNDER NO OBLIGATION TO ISSUE THE SAME OR SIMILAR REFUND IN THE FUTURE AND WE MAY TERMINATE YOUR ACCOUNT, MEMBERSHIP, OR ACCESS TO THE SUBSCRIPTION. THIS REFUND POLICY APPLIES TO ANY AND ALL PAYMENT METHOD USED TO PROVIDE REFUNDS. THERE WILL BE NO REFUNDS FOR PARTIALLY USED PERIODS EXCEPT WHERE REQUIRED BY APPLICABLE LAW.

3.6.       Purchases Through Third Party. If you purchased your Subscription through a third-party, your purchase is subject to the terms and conditions of that third-party and that third-party, not GolfPass, will at all times be solely responsible for payment, renewals, account management, cancellation, and other issues relating to your Subscription purchased through that third-party, including customer support, except where stated otherwise.

3.7.       Benefit Terms.

3.7.1.    GolfNow Benefits. Certain Membership Tiers of GolfPass Memberships include benefits that must be used on GolfNow.com or the GolfNow mobile app (or where applicable, TeeOff.com or the TeeOff mobile app)(the “GolfNow Platform”), including but not limited to Hot Deals promo codes, Waived Convenience Fees, and Tee Time Protection (the “GolfNow Benefits”). If your Subscription includes GolfNow Benefits, you will only be able to access and use those GolfNow Benefits while you are logged into the GolfNow Platform using the same login credentials (email address and password) as your GolfPass Account (your GolfID login is shared across GolfPass, GolfNow, and TeeOff). In addition to these TOS, your use of the GolfNow Platform and GolfNow Benefits is governed by the GolfNow Terms of Service.

(a)    Hot Deals/Deal Times Promo Codes. Based on your Membership Tier, the benefits of your Subscription may include promotional codes that may be used towards the purchase of Hot Deals tee times on GolfNow and/or Deal Times tee times on TeeOff (“Hot Deals Promo Codes”) (see the Member Benefits page for details). Hot Deals Promo Codes are only redeemable on GolfNow.com and the GolfNow mobile app, and TeeOff.com and the TeeOff mobile app. Hot Deals Promo Codes may be redeemed towards any (1) Hot Deals or Deal Times tee time booking of one (1) to four (4) players, are one-time use only, and cannot be stacked. When redeemed the Hot Deals Promo Code will also waive the convenience fee of one (1) of the golfers on the booking. Your Hot Deals Promo Codes are unique to you and connected to the GolfPass Account/GolfID associated with your Subscription, and you must be logged in with that GolfPass Account/GolfID to redeem. Hot Deals Promo Codes will be sent via email to the email address associated with your Subscription and will expire 365 days after the date of issuance, except that upon termination of your Subscription, any unused Hot Deals Promo Codes will expire ninety (90) days from the date of termination. Hot Deals Promo Codes are case sensitive and must be entered exactly as written. Hot Deals Promo Codes cannot be combined with any other offers, promotions, coupons, or discounts, and are non-transferable, cannot be resold or shared, and have no cash value. Adjustments to prior purchases will not be permitted. Any applicable taxes not included. For a list of excluded courses, see http://promotions.GolfNow.com/promocode/. See the GolfNow Terms of Service for additional details and terms.

(b)    Waived Convenience Fees. Based on your Membership Tier, the benefits of your Subscription may include a certain number of Waived Convenience Fees on GolfNow and TeeOff (see the Member Benefits page for details). Each Waived Convenience Fee will waive the convenience fees of one (1) to four (4) rounds booked simultaneously on GolfNow or TeeOff. Such Waived Convenience Fees (up to the quantity provided to you) will be applied automatically to your bookings on GolfNow and TeeOff and any unused Waived Convenience Fees will expire at the end of your current Subscription Period. Other taxes and fees may apply on tee time reservations for which Waived Convenience Fees are applied. See the GolfNow Terms of Service for additional details and terms.

(c)     Worry-Free Tee Times/Tee Time Protection. Based on your Membership Tier, the benefits of your Subscription may include a certain number of Worry-Free Tee Times/Tee Time Protection on GolfNow and TeeOff (see the Member Benefits page for details) (“WFTTs”). Your WFTTs will allow you to change, modify, or cancel your GolfNow or TeeOff tee time reservation up to one (1) hour prior to your scheduled tee time without penalty (limited to the number of WFTTs included with your Subscription). Your change, modification, or cancellation must be made online via GolfNow or TeeOff in order for your WFTTs to apply. You must use your WFTTs during your current Subscription Period; any unused WFTTs will expire at the end of your Subscription Period. See the GolfNow Terms of Service for additional details and terms.

 3.8.       Peacock Bundle Offer Terms. For terms and conditions applicable to the Peacock GolfPass Bundle Offer, please visit https://www.golfpass.com/peacocktv/terms-and-conditions

4. GolfPass Travel. Certain GolfPass Services may allow you to view, receive a quote for, and/or purchase travel and golf packages (“GolfPass Travel Services”). In addition to these TOS, your use of the GolfPass Travel Services shall be governed by the GolfPass Travel Terms and Conditions.     

5. Content.

5.1.       GolfPass Content. The GolfPass Services contain or reference material that is owned by us as well as third parties, including but not limited to software, images, videos, text, and audio (collectively, “Content”).  As between GolfPass and you, GolfPass owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the GolfPass Services and Content, including as incorporated into User-Generated Content.  Except as expressly stated in these TOS, nothing in these TOS shall be deemed to convey to you any right, title or interest in or to the GolfPass Services or Content. To the extent the GolfPass Services include an explicit authorization with respect to certain Content (e.g., the right to repost content on social media), GolfPass hereby grants you a limited, revocable license to post or upload such Content onto your personal social media account(s) without modification and in accordance with the restrictions in these TOS or any other Supplemental Terms associated with such Content. To the extent we authorize you to create, Upload, publicly display or publicly perform User Generated Content that is derived from our Content, we grant you a non-exclusive license to create a derivative work using the specifically referenced Content. You assign to us of all rights worldwide in the work you create for the duration of copyright in the User Generated Content, in all formats and media known or unknown to date, including for use on third party sites and platforms. If such assignment is invalid, your license to create derivative works using our Content is null and void.

5.2.       User-Generated Content. The GolfPass Services may include opportunities for you or others to upload, post, transmit or otherwise distribute (“Upload”) on or through GolfPass Services text, images, audio, video or other content, including but not limited to ratings and reviews (“User-Generated Content”). Except as may be explicitly requested in connection with particular programs or promotions, GolfPass is not requesting, and is unwilling to review, ideas or materials relating to characters, storylines, treatments, scripts, artwork, visual or audio-visual content, or other artistic or creative works (whether relating to pre-existing GolfPass properties or not). Except as expressly set forth in these TOS, you shall continue to own all rights in and to your User-Generated Content, except to the extent your User-Generated Content contains or is otherwise derived from materials, content, or elements owned by GolfPass or any of our affiliated companies or partners (e.g., characters or other elements created or owned by us).

5.2.1.    License to User-Generated Content. You hereby grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid up, sub-licensable through multiple tiers (including to other users of the GolfPass Services), transferable, non-exclusive license to use, reproduce, adapt, prepare derivative works based on, publicly display, publicly perform, distribute, incorporate in other works, and/or otherwise exploit, in whole or in part, User-Generated Content (including your name, likeness and voice as it appears in that User-Generated Content) in any manner and any media now known or hereafter developed, without further notice to you, and without the requirement of compensation or additional permission from you or any other person or entity. You represent and warrant that you own all User-Generated Content or are otherwise authorized to grant the license above

5.2.2 Use and Distribution of User-Generated Content. You agree that GolfPass may give you attribution for your User-Generated Content, but we are not required to so.  To the extent permitted by applicable law, you hereby waive and agree not to assert any “moral rights” or other proprietary rights in any User-Generated Content against us, our licensees, our representatives or other users.

5.2.3.    Public Nature of GolfPass Services. You acknowledge that you Upload any User-Generated Content voluntarily, and have no expectation of privacy or confidentiality with respect to any User-Generated Content you Upload, and that no fiduciary relationship exists between us and you or any other party based on the User-generated Content.  Although we may offer you the ability to Upload User-Generated Content anonymously, we may store your account information. We make no guarantees to remove User-Generated Content from the GolfPass Services or other sites, and we may retain User-Generated Content in our backup files, including after termination of your account. We retain the right to make use of your User-Generated Content in accordance with These Terms of Service even after your User-Generated Content is deleted from the Peacock Service. You acknowledge that deletion of your User-Generated Content from the Peacock Service will not result in, and we are not responsible for, the deletion of the User-Generated Content by third parties who previously had access to that User-Generated Content. You assume full responsibility for maintaining backup copies of your User-Generated Content and we assume no responsibility for any loss of your User-Generated Content, for instance, due to its removal by us.

5.2.4.    No Responsibility for User-Generated Content. GolfPass is not responsible or liable for any User-Generated Content and we have no obligation to investigate, monitor or correct any User-Generated Content (e.g., for accuracy or completeness) except as provided in Section 3.3. User-Generated Content may not reflect the views of GolfPass and we do not endorse any User-Generated Content that you or other users Upload.

5.2.5.    Review Guidelines.  GolfPass may provide you with the opportunity to leave a rating or review for a third-party golf course or other facility. By submitting such a rating or review, you agree to the Review Guidelines, which are Supplemental Terms to these TOS.

5.3.       Infringement Policy. If you believe that any User-Generated Content is defamatory or infringes your intellectual property, please send a written notice following the rules in our Infringement Policy to request a review of the alleged infringement. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the U.S. Digital Millennium Copyright Act of 1998, we reserve the right to remove your User-Generated Content. 

6.       Restrictions.

6.1.       Prohibited Actions. You may not attempt any of the actions set forth in this list of Prohibited Actions or authorize, facilitate or induce others to do so.  You recognize that Uploading unlawful material could expose you to criminal and/or civil liability.

6.2.       Investigations, Monitoring, and User Disputes. We may, but are under no obligation to, examine, record, copy and disclose your use of the GolfPass Services including as necessary to satisfy any law, regulation or governmental request.  We reserve the right to take, or refrain from taking, any and all steps available to us, once we become aware of any violation of these provisions, including, but not limited to, modifying or removing any User-Generated Content,  warning users, suspending users and Passwords, terminating accounts, blocking access to the GolfPass Services or taking other corrective action we deem appropriate.  You are solely responsible for your use of the GolfPass Services, User-Generated Content, and any interaction with other users of the GolfPass Services, and we reserve the right, but shall have no obligation, to become involved in any way or to monitor disputes between you and any other users of the GolfPass Services.

6.3.       Termination and Suspension. You agree that we may, in our sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to the GolfPass Services and to any Content if we believe you are using or have used the GolfPass Services in violation of these TOS or applicable law. You agree that we will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to your GolfPass Account or the Content. Termination, suspension or cancellation of your account or access to the GolfPass Services (collectively, “Termination”) shall not affect any right or relief to which we may be entitled, at law or in equity. Upon such Termination, all rights granted to you in these TOS will automatically terminate and immediately revert to us. Following such Termination, these TOS shall remain in full force and effect with respect to your past and future use of the GolfPass Services, including all rights granted by you to us.

UPON OUR TERMINATION OF YOUR GOLFPASS ACCOUNT, ALL RIGHTS GRANTED BY US TO YOU IN THESE TOS WILL AUTOMATICALLY TERMINATE AND IMMEDIATELY REVERT TO US, BUT THESE TOS WILL REMAIN IN FULL FORCE AND EFFECT WITH RESPECT TO YOUR PAST USE OF THE GOLFPASS SERVICES, INCLUDING ALL RIGHTS GRANTED BY YOU TO US.

7.       Third Party Services and Third Party Platform Providers.

7.1.       Third Party Services. The GolfPass Services may provide links to third-party websites, widgets, software, services or other utilities (“Third-Party Services”). Third-Party Services are provided solely as a convenience to you, and we are not responsible for Third-Party Services. The inclusion of a link to or other integration with a Third-Party Service on any GolfPass Service does not imply an endorsement by or affiliation with us. Your rights and obligations while accessing those Third-Party Services will be governed by the agreements and policies relating to the use of and made available by those Third-Party Services.  We will not be responsible or liable for any confidential or personal information you provide in connection with any Third Party Services, or loss or damage of any sort incurred as the result of any dealings with or as the result of the availability of such Third Party Services on the GolfPass Services.

7.2.       Third Party Platform Providers. If you access or download the GolfPass Services via an Apple, Inc. (“Apple”), Amazon.com, Inc., Google, Inc., Microsoft Corporation, Samsung Electronics America, Inc. (“Samsung”) or any other third-party app store or platform (each a “Third-Party Platform Provider”), such Third-Party Platform Providers, shall be third-party beneficiaries to these TOS.  However, these Third-Party Platform Providers are not party to these TOS and have no obligation to provide maintenance and/or support of the GolfPass Services.  Your access to the GolfPass Services through the Third-Party Platform Provider’s app stores or platforms is subject to such Third-Party Platform Provider’s then-applicable terms of service. You should read the terms of service agreements and privacy policies that apply to such third-party products.

7.3.       Authentication. To the extent your use of the GolfPass Services requires authentication by your cable, satellite or wireline provider or multichannel video programming distributor through which you receive video programing services (collectively, “MVPD Provider”), then the authentication process and any information you provide is strictly between you and your MVPD Provider, and we shall have no responsibility or liability with respect to such process. 

7.4.       Third-Party Licenses. The GolfPass Services may include open-source software or third-party software. Any such software is made available to you under the terms of the applicable licenses. Please review the information set forth here for applicable license terms related to the GolfPass Services.

8.       Disclaimers and Disputes.

8.1.       Disclaimer of Warranties. We make no representations or warranties as to the GolfPass Services (which, for purposes of this Section 8 only, shall include the Third-Party Services) with respect to their accuracy, timeliness, reliability, availability, completeness or otherwise.  WE PROVIDE THE GOLFPASS SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR PARENT, EACH OF OUR AFFILIATES, AND ALL SUCH PARTIES’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES AND LICENSORS (COLLECTIVELY, THE “GOLFPASS PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, OR LIABILITY FOR FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. 

8.2.       Limitation of Liability.

8.2.1.    IN NO EVENT WILL THE GOLFPASS PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH GOLFPASS SERVICES OR THESE TOS EXCEED (i) THE AMOUNT (IF ANY) PAID BY YOU TO GOLFPASS IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (ii) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE THIRD-PARTY PLATFORM PROVIDERS OR THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY OR HAVE ANY LIABILITY WITH RESPECT TO YOUR USE OF THE GOLFPASS SERVICES. FURTHERMORE, NONE OF THE GOLFPASS PARTIES WILL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE GOLFPASS SERVICES.  THE FOREGOING LIMITATION APPLIES (x) WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF GOLFPASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND (y) TO ANY DAMAGES OR INJURY ARISING FROM ANY COMPUTER VIRUS, FILE CORRUPTION, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, USE OF ANY DATA OR ANY OTHER DAMAGES.

8.2.2.    BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, GOLFPASS PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.

8.3.       Exclusions. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF THE ACTS OR OMISSIONS OF THE GOLFPASS PARTIES OR YOUR USE OF THE GOLFPASS SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE GOLFPASS SERVICES OR THE DISPLAY, PERFORMANCE OR DISTRIBUTION OF OUR CONTENT.

8.4.       Indemnification.  You agree to defend, indemnify and hold harmless the GolfPass Parties from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or related to (i) any breach of these TOS. User-Generated Content uploaded by you; and/or (iii) your use of the GolfPass Services or any use of your account via the GolfPass Services.

9.     Binding Arbitration of All Disputes. No Class Relief.

This Section 9 is deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and GolfPass agree that we intend that this Section 9 satisfies the "writing" requirement of the Federal Arbitration Act. For non-U.S. residents, if binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of Section 10 shall apply to all relevant disputes between you and us.

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Service, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the GolfPass Services or other online services, (ii) any purchases or other transactions or relationships with GolfPass, or (iii) any data or information you may provide to GolfPass or that GolfPass may gather in connection with such use, interaction or transaction (collectively, "GolfPass Transactions or Relationships"), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the GolfPass Services or other online service, or engaging in any other GolfPass Transactions or Relationships with us, you agree to binding arbitration as provided below.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the GolfPass Services or other online service, you agree that any complaint, dispute, or disagreement you may have against GolfPass, and any claim that GolfPass may have against you, arising out of, relating to, or connected in any way with these Terms of Service, our Privacy Policy, or any GolfPass Transactions or Relationships shall be resolved exclusively by final and binding arbitration ("Arbitration") administered by JAMS or its successor ("JAMS") and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures and JAMS Mass Arbitration Procedures and Guidelines in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the "Applicable Rules"). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence or refuses to act, then Arbitration will be conducted by an arbitrator agreed upon by the parties, or if no agreement can be reached, through the process for a court appointed arbitrator set out in NY CPLR 7504. Furthermore, this Section 9 shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:

(a)    Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and GolfPass (the "Arbitrator");

(b)    Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Service and/or these arbitration provisions in Section 9 hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable;

(c)     Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and GolfPass; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.

(d)    Governing Law. The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

(e)    No Class Relief. The Arbitration can resolve only your and/or GolfPass's individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis. Notwithstanding this acknowledgement and agreement, you agree that any arbitration involving you may proceed on a consolidated basis if GolfPass provides consent to consolidate in writing;

(f)      Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator's complete determination of the dispute and the factual findings and legal conclusions relevant to it (an "Award"). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;

(g)    Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, GolfPass will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;

(h)    Reasonable Attorney's Fees. In the event you recover an Award greater than GolfPass's last written settlement offer, the Arbitrator shall also have the right to include in the Award GolfPass's reimbursement of your reasonable and actual out-of-pocket attorneys' fees associated with the Arbitration. Where you recover an Award less than GolfPass’s last settlement offer, the Arbitrator may award costs incurred by GolfPass on the same basis as allowed under Federal Rule of Civil Procedure 68(d) but GolfPass shall in all events bear its own attorneys' fees; and

(i)      Interpretation and Enforcement of Arbitration Clause.  With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor GolfPass shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.

(j)      Modification of Arbitration Clause With Notice. GolfPass may modify these arbitration provisions by providing thirty (30) days’ notice of any material changes to this “Binding Arbitration of All Disputes. No Class Relief” section by posting updated TOS on the GolfPass Services, informing you via email, or otherwise complying with any applicable requirements. Material amendments to this Section 9 will become effective on the 30^th day following notice to you and will apply to all claims not yet filed unless you follow any opt-out procedure provided in the amended TOS, in which case you will have the right to proceed in court.

(k)    Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against GolfPass in your local small claims court within the U.S., if your claim is within such court's jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding. In such a matter within a small claims court’s jurisdictional limit, GolfPass may also seek to move the case from Arbitration to small claims court where the rules of the arbitration forum allow it, and GolfPass pays any filing and processing fees payable to the small claims court. 

(l)      30-Day Right to Opt Out.  You have the right to opt out and not be bound by the arbitration and class relief waiver provisions set forth above by sending written notice, signed by you, of your decision to opt out to the following address: 7580 Golf Channel Drive, Orlando, FL 32819, Attn: Legal Department.  The notice must be sent within 30 days of July 3, 2025 or your first use of the online services, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs.  If you opt out of these arbitration provisions, GolfPass also will not be bound by them, and both you and GolfPass will have the right to proceed in court and no prior arbitration agreement will apply.  If you do not timely opt out of these arbitration provisions, such action shall constitute mutual acceptance of the terms of these provisions by you and GolfPass.

10.       Dispute Resolution for Non-US Residents Only if a Tribunal has Ruled that Arbitration is Prohibited by Law.
This Section 10 applies to non-US Residents, where applicable law prohibits arbitration of disputes in accordance with Section 9.
(a)    Section 10 disputes. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the online services, the Content, these Terms of Service, whether heretofore or hereafter arising or to any of GolfPass's actual or alleged intellectual property rights (collectively, a "Section 10 Dispute"), then you and we agree to send a written notice to the other providing a reasonable description of the Section 10 Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 10(a). Your notice to us must be sent to:
By mail: GolfPass Attn: Legal Department 7580 Golf Channel Drive Orlando, FL 32819 By e-mail: dmca.agent@nbcuni.com_______________
For a period of sixty (60) days from the date of receipt of notice from the other party, GolfPass and you will engage in a dialogue in order to attempt to resolve the Section 10 Dispute, though nothing will require either you or GolfPass to resolve the Section 9 Dispute on terms with respect to which you and GolfPass, in each of our sole discretion, are not comfortable.
(b)    Jurisdiction. The parties agree that the state or federal courts in New York shall have non-exclusive jurisdiction of any Section 10 Dispute.
(c)     Governing Law. To the maximum extent permitted by the mandatory laws in your country of residence, these Terms of Service and any Section 10 Dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the U.S. and the State of New York without regard to its conflicts of law provisions, without regard to its conflicts of law provisions.
(d)    Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A SECTION 10 DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 10(a) WITHIN ONE (1) YEAR AFTER DISCOVERY OF THE SECTION 10 DISPUTE ARISES - OR IT WILL BE FOREVER BARRED.
(e)    Injunctive Relief. The foregoing provisions of this Section 10 will not apply to any legal action taken by GolfPass to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the online services, any Content, your User Content and/or GolfPass's intellectual property rights (including such GolfPass may claim that may be in dispute), GolfPass's operations, and/or GolfPass's products or services.

10.Applicable Law, Jurisdiction, and Venue

10.1 Applicable Law. To the extent permitted by applicable law, these TOS, any Supplemental Terms, and the relationship between you and us shall be governed by the laws of the U.S. and the State of New York without regard to its conflicts of law provisions. Except as provided in applicable Supplemental Terms, you agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of the GolfPass Services or these TOS. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside.

10.2 Jurisdiction and Venue.  To the extent permitted by applicable law, any action or proceeding arising from, relating to or in connection with these TOS will be brought exclusively in the federal or state courts located in New York County, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

 11.       Additional Terms.

11.1.       Notice for California Users.  Under California Civil Code Section 1789.3, California users of the GolfPass Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210, or online at https://www.dca.ca.gov/webapps/gencomplaint.php.

11.2.       No Waiver.  No failure or delay by us in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these TOS. 

11.3.       Severability.  Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.

11.4.       Entire Agreement.  These TOS represent the entire understanding of the parties regarding its subject matter and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged. The paragraph or section titles in these TOS are for convenience only and have no legal or contractual effect.

11.5.       Assignment.  These TOS are binding upon and shall inure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns.  You shall not assign your rights or obligations hereunder without our prior written consent and any assignment without our consent shall be void and invalid at the outset.

11.6.       Electronic Notice. You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.

 11.7.       Marketing Communications. You can unsubscribe from our marketing emails via the unsubscribe link provided in the emails or by following instructions provided in the Help Center/FAQ. You will continue to receive administrative messages from us, such as order confirmations, subscription renewal notices or other communications regarding our relationship or transactions with you. Additional terms and conditions relating to your receipt of SMS/text messages from GolfPass, including instructions on how to opt-out, can be found at the following link: SMS Terms and Conditions.

 11.8.       Designation of Agent. You hereby appoint us as your agent with full authority to execute any document or take any action we may consider appropriate to confirm the rights granted by you to us in these TOS.

11.9.       Survival.  The provisions of these TOS which by their nature should survive the termination of these TOS shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, our rights to use content, limitation of liability in Section 8, rules regarding dispute resolution in Section 9 and Section 10, and the general provisions in this Section 11.