Updated March 24, 2020
1. Terms and Modifications
EACH TIME YOU ACCESS OR USE THE GOLFPASS SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT ON THE THEN-APPLICABLE TERMS. We may modify these Terms on a prospective basis at any time in our sole discretion and post the changes and such changes will be effective following either our 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 Terms, will be deemed as irrevocable acceptance of these Terms as modified. You agree to be notified of changes to these Terms via postings of updates on the GOLFPASS Services (or in any other reasonable manner of notice which we elect).
2. Eligibility, Registration and Accounts
You may be required to provide registration information in order to access the GOLFPASS Services. You must provide correct, current and complete information. You are responsible for updating and maintaining the truth and accuracy of such information. You agree that we may take steps to verify the information you provide, including contact information for a parent or guardian.
The GOLFPASS Services and any user names or passwords you use to access the GOLFPASS Services (“Passwords”) are for individual use only. Your account is personal to you and you may not transfer it to any other party. You are solely responsible for maintaining the security and confidentiality of your Passwords and you agree to immediately notify us of any unauthorized use of your Passwords or other security breaches.
We have the right to suspend your account or change your user name for any reason, including due to a violation of these Terms.
3. The GOLFPASS Services; Consent to Electronic Communications
The GOLFPASS Services are constantly evolving and may change over time. We may change, suspend or discontinue any or all aspects of the GOLFPASS Services at any time for any reason without notice or liability to you. You acknowledge that you have no expectation of continued availability of the GOLFPASS Services. We have the right to suspend or terminate access to the GOLFPASS Services and your accounts on the GOLFPASS Services, including due to a violation of these Terms.
The GOLFPASS Services may include sweepstakes, contests, and promotions, which may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions. You are responsible for complying with these rules and requirements.
By using the GOLFPASS Services, you consent to receive electronic communications from us. These communications may involve sending emails to your email address provided during registration, or posting communications on the GOLFPASS Services and may include notices about your account (e.g., payment authorizations, changes in password or payment method, confirmation of e-mails and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
The GOLFPASS Services may include content and other materials supplied by GOLFPASS and third parties (“Content”). As between us and you, we own all rights in the GOLFPASS Services and Content. Nothing grants you any rights in the GOLFPASS Services or Content except as set forth in these Terms, including applicable Additional Terms.
The availability of Content on the GOLFPASS Services may change from time to time and from place to place. You consent to us and our third-party providers determining your geographic location for purposes of providing the GOLFPASS Services. Your location may not be accurately identified by our technology, so you may be unable to access certain features and Content even if you are located in an area where we intend to provide you access. We will not be liable to you for limitations or restrictions on access to Content, including any blackouts, location or device-based limitations, Content-viewing windows, or other limitations regarding availability of Content to you.
Some aspects of the display of Content (e.g., high definition for TV shows or movies, speed to initiate viewing) may vary from device to device, and may be affected by factors such as your location, the configuration of your device and the speed of your internet connection. We make no representations or warranties about the quality of your viewing experience on your device or other display.
Streaming GOLFPASS Services may be subject to a maximum number of simultaneous streams (as may be measured across all Content available on or through the GOLFPASS Services) at any time, regardless of the number of devices that we permit you to use with the applicable GOLFPASS Services. We may change the maximum number of simultaneous streams of Content at any time in our sole discretion.
5. Permitted Uses
We grant you a limited, non-exclusive, non-transferable license to access and use the GOLFPASS Services solely for personal and non-commercial uses.
6. Paid Subscriptions and Credits
Subject to the applicable Additional Terms, we provide some of the GOLFPASS Services to you free of charge and other GOLFPASS Services require payment. We may charge a fee for any portion of the GOLFPASS Services. You must be at least 18 years old or have obtained permission from your parent or guardian in order to make any purchases of, on or through the GOLFPASS Services. We will provide you with advance notice of all fees we charge and any changes to our fees. If you continue to use the GOLFPASS Services after a fee has been imposed or increased, you agree to pay the fee or increase.
Some GOLFPASS Services require paid subscriptions to access. If you sign up for a subscription, you agree that your subscription may be automatically renewed and, except as otherwise stated in applicable Additional Terms, unless you cancel your subscription, you authorize us to charge your payment method for the next subscription period. If you terminate a subscription, you may be responsible for the full amount of the subscription payments for the subscription period in which your termination was effective.
When you provide payment information, you represent and warrant that the information is accurate and that you are authorized to use the payment method provided.
If you do not pay any fees when due, (i) you remain liable for the fees as well as any costs we incur in collecting the fees, including attorney and collections fees, (ii) you authorize us to continue charging your chosen payment method and (iii) we may suspend or terminate your access to the GOLFPASS Services.
a. Digital Items
Purchases of usage subscriptions and other virtual currency including credits, points and any virtual items available on the GOLFPASS Services (collectively “Digital Items”) are non-refundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a non-exclusive, revocable, non-assignable and non-transferable right to use the Digital Item. All Digital Items are our Content and you have no proprietary or monetary interest in your Digital Items. We may immediately suspend or terminate your rights to Digital Items in our sole discretion without notice or liability. We may establish limits on Digital Items like expiration dates or maximum amounts. We may also modify Digital Items in our sole discretion, and such modifications may make the Digital Items more or less valuable or functional.
You may not transfer, sell, purchase, barter, or trade Digital Items or attempt or offer to do so. Any attempted transfer will be null and void. If we suspend or terminate your Digital Items, you forfeit those Digital Items except as may be set forth in Additional Terms (such as refund policies that may apply to a subscription service). Except as may be set forth in Additional Terms or as required by applicable law, we are not responsible for repairing or replacing any modified, suspended or terminated Digital Items or for providing any credit, refund or other sum related to Digital Items.
b. Payment Processors
c. Right of Cancellation
Depending on your location, applicable law may grant you a right to cancel GOLFPASS Services (including subscriptions) that you purchase. If applicable law grants you such a right (e.g., for users in the European Union,) then the following terms in this “Right of Cancellation” section apply to you. This section does not apply to other users and does not create or convey to you any rights in addition to the rights you may have under applicable law.
· If you purchase a subscription to one of the GOLFPASS Services, you have the right to cancel your contract and receive a full refund of the subscription fee for those GOLFPASS Services provided that you cancel those GOLFPASS Services within 14 days of the day we accept your order, or until you start downloading or streaming any Content under the subscription, if earlier. For semi-annual and annual subscriptions, if we receive your notice of cancellation within 30 days after the first day of your initial billing, you will receive a refund of the subscription fee. If we refund your subscription fee, you will still be required to pay any other charges incurred. If you wish to cancel, you must follow the cancellation instructions for the particular GOLFPASS Service.
· When you purchase a license to access, view or download Content or Digital Items, you may be given an opportunity to consent to the access, streaming or download at the time of purchase. If you provide this consent, you will lose your right to cancel and the license purchase fee may not be refunded.
d. Promotional Codes
Promotional codes for certain GOLFPASS Services or Content may be available, including as part of promotions by third parties. You may redeem promotional codes according to the rules for that promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may not be combined with other offers. If you received a promotional code through an offer by a third party, additional conditions may apply.
e. Trial Periods
We may provide a limited free trial period (“Trial Period”) to certain users regarding certain GOLFPASS Services. We are not required to offer Trial Periods and we determine your eligibility for a Trial Period in our sole discretion. Trial Periods may be subject to Additional Terms.
If we provide you with a Trial Period, then you must provide valid payment method information in order to use the applicable GOLFPASS Services during the Trial Period. We will not charge you for those GOLFPASS Services subject to a Trial Period. If you do not cancel the applicable GOLFPASS Services by the end your Trial Period, you authorize us to automatically charge your payment method for GOLFPASS Services subsequent to the Trial Period (e.g., for each of the following payment periods for a subscription NBCUniversal Service until terminated). WE MAY NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR PAYMENTS HAVE BEGUN. IF YOU WISH TO AVOID CHARGES ATO YOUR PAYMENT METHOD, YOU MUST CANCEL THE TRIAL PERIOD PRIOR TO THE END OF YOUR TRIAL PERIOD. You may only have one Trial Period for an GOLFPASS Service before you must begin paying for that GOLFPASS Service. If you exceed this limit, we may charge your chosen payment method for any Trial Period after the first or suspend your use of the GOLFPASS Services, in our sole discretion.
7. Wireless and Location-Based Features; Social Media Plug-ins
a. Wireless Features.
The GOLFPASS Services may offer certain features and services that are available via your wireless device, such as the ability to access certain features, receive messages from the GOLFPASS Services, upload content to the GOLFPASS Services or download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features, certain Wireless Features may be incompatible with your carrier or wireless device and your carrier may charge you fees based on your use of the Wireless Features. We are not responsible for any charges from your carrier or other third parties.
If you register for any Wireless Features, you agree that (i) we may send communications to your device regarding us or other parties in connection with those Wireless Features and (ii) you will update your account on the GOLFPASS Services to notify us of any changes to your wireless contact information (including phone number).
b. Location-Based Features
Some Mobile Apps or features allow you to disable location-based features or manage preferences related to them. You can also terminate device location tracking by us through Mobile Apps by uninstalling the applicable Mobile Apps. The location-based services offered in connection with our Mobile Apps or features are for individual use only and should not be used or relied on (i) as an emergency locator system, (ii) while operating a vehicle, (iii) in connection with any hazardous environments requiring fail-safe performance or (iv) in any other situation in which the failure or inaccuracy of the location-based services could lead to death, personal injury or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.
c. Social Media Plug-Ins.
Some GOLFPASS Services include integrated plug-ins of social networks such as Facebook and Twitter. These plug-ins are clearly marked (e.g., with a Facebook button). If you click on one of these buttons or links, your browser will connect directly to the servers of the relevant social network. If you are registered to the relevant social network and logged into your account, that social network receives the information that the web page was viewed by you. If you interact with a social network plug-in (e.g., you use the Facebook “Like” feature) or add a comment on the applicable GOLFPASS Service, the corresponding information is directly transmitted to the relevant social network from your browser. If you are not registered with the social network or you are logged out before you visit the GOLFPASS Services, it is possible that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media platform, plug-in etc., then you may be permitting us to have on-going access to certain information from your social network profile (such as name, social networking id page, email address, photo, gender, location, the people/sites you follow etc.).
8. Prohibited Actions
You may not make any uses of the GOLFPASS Services except as specifically authorized by GOLFPASS in writing and you may not use the GOLFPASS Services in violation of any applicable laws or regulations. Except as expressly authorized by GOLFPASS in writing, you may not copy, download, stream, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, make available, frame, deep-link to, transmit or re-transmit the GOLFPASS Services, any part thereof, or any materials derived therefrom, except as set forth in these Terms, applicable Additional Terms, or as otherwise agreed in writing between us and you. You may not use the GOLFPASS Service for any business or commercial purposes or otherwise build a business based on any portion of the GOLFPASS Services. You may not disable, remove or otherwise circumvent through any means: (i) proprietary rights notices or indications of source (e.g., © or tm) in the GOLFPASS Services; (ii) any digital rights management, content protection or access control measure associated with the GOLFPASS Services; or (iii) any advertisement on the GOLFPASS Services. You may not use any software or services in connection with the GOLFPASS Services that are intended or function to block or obstruct any advertisements of any kind. You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
You may not insert any code into or manipulate the GOLFPASS Services in any way except as explicitly authorized by us in writing. You may not use any manual or automated software robots, spiders, crawlers or other tools to access, scrape, aggregate or otherwise use the GOLFPASS Services or any part thereof. You may not impose an unreasonable burden or load on the GOLFPASS Services or their infrastructure.
You are responsible for your use of the GOLFPASS Services and all materials you upload, post, transmit or otherwise distribute or facilitate the distribution on or through GOLFPASS Services (“Upload”). The following prohibitions apply to your conduct and communications on or through the GOLFPASS Services:
· No Interference. You may not interfere with any other user’s ability to use or enjoy the GOLFPASS Services.
· No Bullying. You may not threaten, abuse, harass or invade the privacy of any third party.
· No Blocking. You may not cover, remove, block or obscure any Content, advertisements or other portions of the GOLFPASS Services.
· No Unlawful or Inappropriate Postings. You may not Upload any content or material that is (i) fraudulent, (ii) infringing on the rights of any third party, (iii) libelous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate (including images of a sexual nature) or (iv) otherwise unlawful.
· No Viruses or Malicious Code. You may not Upload a software virus or any other computer code or materials that may (i) disrupt, damage, or limit the functioning of the GOLFPASS Services or any computer software, hardware or telecommunications equipment associated with the GOLFPASS Services, or (ii) obtain unauthorized access to the GOLFPASS Services or any data or other information of ours or of any third party.
· No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to the GOLFPASS Services.
· No Cheating. You may not use any software or device that allows automated gameplay, expedited gameplay or other manipulation and you agree not to cheat or otherwise modify an GOLFPASS Service or game experience to create an advantage for one user over another.
· No Advertising. Except as otherwise agreed between us and you in writing, you may not use the GOLFPASS Services in any way (i) to advertise any commercial endeavor or otherwise engage in any commercial activity (e.g., offering products or services, conducting raffles or contests or displaying sponsorship banners) or (ii) that solicits funds, advertisers or sponsors, whether or not for profit.
· No SPAM. You may not Upload unsolicited bulk communications of any kind. For instance, you may not send “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or “spam” (i.e., unsolicited emailing for business or other purposes).
· No Collection of Personal Information From Other Users and No Commercial Use. You may not solicit or collect information about other users of the GOLFPASS Services or use any such information (i) for unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation or (ii) for any other commercial purposes.
· No Impersonation or Misrepresentation. You may not impersonate any other person or entity. You may not manipulate headers or identifiers to disguise you or the origin of your User Content (as defined below). You may not misrepresent your professional or other affiliation with us or with any other party. You may not use the GOLFPASS Services in a manner that suggests an association with our products, services or brands except as agreed by us in writing.
· No Criminal or Unlawful Conduct. You may not use any portion of the GOLFPASS Services for any unlawful purpose and you may not encourage or facilitate conduct that would constitute a criminal offense or give rise to civil liability.
You may not attempt any of the actions set forth in this “Prohibited Actions” Section or authorize, facilitate or induce others to do so.
We may require proof that you are following these rules at any time. We reserve the right to take, or to refrain from taking, any and all steps available to us once we become aware of any violation of these provisions. If you are involved in any violation of our systems’ security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
9. User Content
a. Uploads and other Distributions
The GOLFPASS Services may include forums and other opportunities for you and other users to Upload (as defined above) content and materials (upon Upload, “User Content”). When you Upload any User Content, you hereby grant us and our licensees a perpetual, irrevocable, worldwide, royalty-free, fully paid up, sub-licensable through multiple tiers, transferable, non-exclusive license to use, reproduce, adapt, publicly display, publicly perform, synchronize and otherwise exploit that User Content, including any Personality Elements (as defined below) in your User Content, in any manner and any media formats and channels now known or later developed or discovered, including in connection with advertising, promotions or Third Party Services (as defined below), without notice or payment to you. For instance, we and our partners may display advertising, promotions and other content in connection with your User Content and you will not be entitled to any associated revenue. You agree that we and our licensees may give you credit for your User Content, but 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 your User Content against us, our licensees, our representatives or other users. When you Upload any User Content, you also consent to the recording, use and reuse by us and our licensees of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information in your User Content as used or modified by us (collectively, “Personal Elements”).
When you Upload any User Content, you represent and warrant that you own that User Content or that have sufficient intellectual property and proprietary rights in order to make the grants in these Terms. You agree to pay any monies owed to any party based on our and our licensees use of your User Content.
b. Public Nature of GOLFPASS Services; Deletions
You acknowledge that you have no expectation of privacy or confidentiality with respect to any User Content. While we may offer you the ability to Upload User Content anonymously, we may still store your account information. For some of our features, other members may be able to request email notifications of your new public content or publish their own comments to your comments. We may use the public content to develop aggregate ratings, personalize site views, market products or identify or feature popular members.
If you Upload any User Content, you may not be able to remove it from the GOLFPASS Services. We make no guarantees to remove User Content from the GOLFPASS Services. Even if the GOLFPASS Services give you an opportunity to delete User Content, we may retain the User Content in our backup files, which are not publicly available. We retain the right to make use of your Content in accordance with these Terms even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from the GOLFPASS Services will not result in, and we are not responsible for, the deletion of the User Content by third parties who previously had access to that User Content and (ii) termination of your account will not automatically delete User Content you Uploaded.
We also reserve the right to limit the storage capacity of your User Content. You assume full responsibility for maintaining backup copies of your User Content and we assume no responsibility for any loss of your User Content, for instance, due to its removal by us.
c. No Responsibility for User Content; User Disputes
We are not responsible or liable for any User Content. Each user is solely responsible for the User Content that he or she Uploads. You are responsible for any claims, losses or damages relating to all User Content that you Upload.
We have no obligation to investigate, monitor or correct any User Information (e.g., for accuracy or completeness) and we shall not be responsible for any decisions made based on User Information.
User Content may not reflect our views. We do not endorse any User Content that you or other users Upload and we may remove or refuse to post any User Content that, in our sole discretion, is objectionable or violates these Terms. You acknowledge that you may encounter User Content on or through the GOLFPASS Services that you find objectionable, offensive or otherwise inappropriate and you shall have no right against us based on User Content.
You are solely responsible for any interaction with other users of the GOLFPASS Services, and we reserves 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.
d. Uploads Do Not Grant You Rights
Your User Content will not be acknowledged or returned. You Upload any User Content voluntarily, not in confidence, and no confidential or fiduciary relationship exists between us or any other party and you based on your Uploads. You acknowledge that you will not be paid for Uploading your User Content in any way.
e. Idea Submissions and Feedback
We do not accept unsolicited submissions for any media, products or services. Please do not make unsolicited submissions to us through GOLFPASS Services, including (1) Uploads of your User Content, (2) submissions through any third party social network, website or other platform or (3) submissions by e-mail, text messages or other means (collectively, “Submissions”). We are not responsible for any similarity of Content or programming in any media to your Submissions. If you make any Submission, or if you provide any comments, information, ideas, concepts, reviews or techniques or other communication you may send to us (“Feedback”), including via responses to questionnaires and other methods, Submissions and Feedback shall be deemed User Content and will be subject to the grants by you applicable to User Content (but not any rights with respect to User Content) in these Terms. Our receipt of your Submissions or Feedback is not an admission by us of their novelty, priority or originality and does not limit our right to contest intellectual property rights related to your Submissions or Feedback.
f. Designation of Agent
You hereby appoint us as your agent with full authority to executed any document or take any action we may consider appropriate in order to confirm the rights granted by you to us in this Agreement.
You are responsible for any User Content you Upload and for any consequences, including use of your User Content by others. You acknowledge that your User Content may be syndicated, broadcasted, published or otherwise distributed by us or our partners. You also agree that the GOLFPASS Services may include a social network or integrations with other social networks and that your activities (e.g., video viewing, interactions with other users or advertisers) may be shared with others both on and off the GOLFPASS Services.
11. Third Party Services
You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet and wireless connectivity, mobile service, and other services needed for your access to and use off the GOLFPASS Services, and you will be solely responsible for all charges related to them. You are also responsible for accepting and complying with all terms of the third parties who provide you with such equipment and services, as well as any other applicable third-party terms of agreement, when using the GOLFPASS Services. You acknowledge and agree that these third parties may prohibit or restrict certain GOLFPASS Service features (and certain features may be incompatible with your carrier or device), impose additional fees, and that standard text messaging rates or other carrier charges may apply to your use of the GOLFPASS Services, including, for example, when sending SMS messages or using VoIP functionality, if these functions are available within the GOLFPASS Services. You should contact your carrier with any questions regarding these issues, such as whether any fees or charges will apply.
For your convenience, the GOLFPASS Services may include or provide links to websites, widgets, software or other utilities) of other persons or entities (“Third-Party Services”) that may interact with the GOLFPASS Services. Third-Party Services may import data related to your account and activity and otherwise gather data from you. Third-Party Services are provided solely as a convenience to you, and we are not responsible for Third-Party Services. THE INCLUSION ON AN NBCUNIVERSAL SERVICE OF A LINK TO OR OTHER INTEGRATION WITH A THIRD-PARTY SERVICE DOES NOT IMPLY AN ENDORSEMENT BY US. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SERVICES, PLEASE UNDERSTAND THAT IF YOU VISIT THIRD-PARTY SERVICES THEN YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE THIRD-PARTY SERVICES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD PARTY SERVICES.
12. Merchants and Advertising
Your dealings with merchants found on or through the GOLFPASS Services, including any payments or contractual terms, are solely between you and that merchant. We are not responsible for any loss or damage resulting from such dealings or from the presence of merchants on the GOLFPASS Services. Additional terms may apply.
We take no responsibility for third party advertisements served on or through the GOLFPASS Services or for any of the goods or services provided by our advertisers.
13. Cookies and Targeted Advertising
14. Children’s Online Privacy Protection Act Notification
The NBCUniversal Services are not designed or intended for use by children under the age of 13.
15. Devices and Charges
We do not take responsibility for the performance of devices, including the ongoing compatibility of devices with GOLFPASS Services. You are responsible for all devices and other equipment, software and services necessary for you to access and use the GOLFPASS Services. By using GOLFPASS Services, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to your device.
You are responsible for obtaining and maintaining all internet services, mobile service, and other services needed for your access to and use the GOLFPASS Services.You are responsible for any charges incurred in obtaining access to the GOLFPASS Services. Please check with your ISP for information on possible data usage charges.
16. Testing and Monitoring; Investigations
We may, but are under no obligation to, continually test various aspects of the GOLFPASS Services. By using the GOLFPASS Services, you agree that we may include you or exclude you from these tests without notice.
We reserve the right to investigate suspected violations of these Terms. We may seek to gather information from the user who is suspected of violating these Terms, and from any other user. We may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as we deem appropriate and without notice. If we believe, in our sole discretion, that a violation of these Terms has occurred, we may edit or modify any submission, posting or e-mail, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action we deem appropriate. We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. Nothing contained in these Terms limits our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the GOLFPASS Services or information provided to or gathered by us in connection with such use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL NBCUNIVERSAL PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY GOLFPASS PARTY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A GOLFPASS PARTY OR LAW ENFORCEMENT AUTHORITIES.
We may, in our sole discretion, terminate these Terms, your Passwords, account (or any part thereof), subscription (if applicable) or your access to or use of the GOLFPASS Services, or remove and discard any User Content, without prior notice, without liability, for any reason or no reason. You may not attempt to access or use (i) any features of the GOLFPASS Services from which your access has been previously suspended or (ii) any of the GOLFPASS Services following termination of these Terms.
You may terminate your account for any or no reason, subject to all applicable Additional Terms.
Termination, suspension or cancellation of the Terms or your access to the GOLFPASS Services shall not affect any right or relief to which we may be entitled, at law or in equity. Upon termination, suspension or cancellation, all rights granted to you will automatically terminate and immediately revert to us and our licensors and all rights granted by you to us shall survive in perpetuity. After your account or access to the GOLFPASS Services is terminated by us or by you, these Terms shall remain in full force and effect with respect to your past and future use of the GOLFPASS Services.
18. DISCLAIMER OF WARRANTIES; EXCLUSIONS AND LIMITATIONS OF LIABILITY
We make no warranties or representations as to GOLFPASS Services (which, for purposes of this Section 18 only, shall include the Third Party Services) with respect to their accuracy, timeliness, reliability, 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 COMPANIES, EACH OF OUR AFFILIATES, AND ALL SUCH PARTIES’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE “GOLFPASS PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. 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. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL APPLE, AMAZON.COM, INC., GOOGLE, INC., MICROSOFT CORPORATION, SAMSUNG ELECTRONICS AMERICA, INC., OR ANY OTHER THIRD PARTY THAT OWNS OR OPERATES THE APP STORE OR PLATFORM THROUGH WHICH YOU ACCESS AND/OR DOWNLOAD THE GOLFPASS SERVICES, 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, OR ANY CONTENT OR FUNCTIONALITY IN THE GOLFPASS SERVICES, NOR SHALL THEY BE RESPONSIBLE FOR PROVIDING SUPPORT SERVICES WITH RESPECT TO THE GOLFPASS SERVICES.NONE OF THE GOLFPASS PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, 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. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF NBCUNIVERSAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE GOLFPASS PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE GOLFPASS SERVICES. WITHOUT LIMITING THE FOREGOING, THE GOLFPASS PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH THE TERMS OR (2) CONTENT POSTED TO THE GOLFPASS SERVICES BY YOU OR ANY THIRD PARTY.
IN NO EVENT WILL THE GOLFPASS PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE GOLFPASS SERVICES OR THESE TERMS EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO GOLFPASS IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
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.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SOME OF THE LIMITATIONS SET FORTH IN THESE TERMS MAY NOT APPLY TO YOU. THE GOLFPASS PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. THIS PARAGRAPH WILL ONLY APPLY IF AN ARBITRATOR OR COURT WITH APPLICABLE JURISDICTION IN ACCORDANCE WITTH THESE TERMS FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE OR OTHERWISE VIOLATE APPLICABLE LAWS. NOTHING IN THESE TERMS SHALL EFFECT A WAIVER OF ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
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 (a) any breach of these Terms and/or (b) from your User Content, and/or content or materials Uploaded by any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by you in connection with your use of the GOLFPASS Services.
20. Infringement Policy
We respect the intellectual property of others, and we ask our users to do the same. The GOLFPASS Services, including the Content and other materials incorporated by us in the GOLFPASS Services (“Materials”) are protected by copyrights, patents, trade secrets or other proprietary rights. Some of the characters, logos or other images incorporated by us in the GOLFPASS Services are also protected as registered or unregistered copyrights, trademarks, trade names and/or service marks owned by us or others.
We, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserve the right, but without obligation, to terminate your license to use the GOLFPASS Services if we determine in our sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. If you believe that any User Content is defamatory or infringes your intellectual property please send a written notice to the agent identified below to request a review of the alleged infringement:
By mail:NBCUniversal Media, LLCDMCA Agent NBC Universal Law Department620 5th Avenue, 5th Floor, Office 574New York, New York 10020By e-mail: firstname.lastname@example.org
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
· Your name, address, telephone number, and e-mail address;
· A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed;
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the GOLFPASS Services are covered by a single notification, a representative list of such works. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials;
· Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
· A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
21. Links By You To the GOLFPASS Services
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the GOLFPASS Services, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your website, application or other service (“Your Service”) do not suggest any affiliation with or endorsement by us or cause any other confusion regarding your relationship to us or our affiliates or to the GOLFPASS Services, (c) the link must open in a new window and link to the full version of applicable GOLFPASS Services; and (d) the links and the content on Your Service do not portray us or our affiliates or our or their products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to us. We reserve the right to suspend or prohibit linking to the Services for any reason, in our sole discretion, without advance notice or any liability of any kind to you or any third party.
22. Local Regulations
We make no representation or warranty that the Content or GOLFPASS Services are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the GOLFPASS Services from other locations you do so on your own initiative and at your own risk.
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.
23. Export Control
The GOLFPASS Services are controlled and operated by us from our offices within the State of Florida. You hereby represent and warrant that: (a) you are not located in a country that is (i) subject to a U.S. government embargo (e.g., Crimea, Cuba, Iran, North Korea or Syria) or (ii) on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; (b) you are not listed on any U.S., United Nations Security Council (UNSC), UK or EU government list of prohibited or restricted parties, including the list of Specially Designated Nationals and Blocked Persons administered by the U.S. Treasury Department or the U.S. Commerce Department’s Denied Persons List; and (c) you are not otherwise the target of U.S., UNSC, UK or EU economic sanctions. You may not access, download or otherwise use any GOLFPASS Services in violation of United States, UNSC, UK or EU export control or economic sanctions laws and regulations. Software in or from the GOLFPASS Services are further subject to U.S. export controls. No software may be downloaded or otherwise exported or re-exported in violation of applicable laws, including without limitation to any end user in a U.S. embargoed country or territory or an end user included on any U.S., UNSC, UK or EU government list of prohibited or restricted parties.
24. Binding Arbitration of All Disputes. No Class Relief.
This Section 24 is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and we agree that we intend that this Section 24 satisfies the “writing” requirement of the Federal Arbitration Act. If binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of Section 25 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, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the GOLFPASS Services, (ii) any purchases or other transactions or relationships related to your use of the GOLFPASS Services, or (iii) any data or information you may provide to us or that we 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 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, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with these Terms or any GOLFPASS Transactions or Relationships shall be resolved exclusively by final, confidential and binding arbitration (“Arbitration”) before a single arbitrator administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures 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, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, we agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section 24, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section 24 shall not prevent any party from seeking provisional remedies (that is, a temporary restraining order or preliminary injunction) 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 us (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 and/or these arbitration provisions in Section 24 hereof, including but not limited to any claim that all or any part of these Terms is void or voidable;
(c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined 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 us; 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 our individual claims, and the Arbitrator shall have no authority to entertain or arbitrate 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;
(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, we 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 our last written settlement offer, the Arbitrator shall also have the right to include in the Award our reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but we shall in all events bear our 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 we shall be entitled to arbitrate any dispute between us and you, and must instead bring any claims subject to subsection (k) below and Section 25.
(j) Modification of Arbitration Clause With Notice. We may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after we have given notice of such modifications and only on a prospective basis for claims arising from GOLFPASS Transactions and Relationships occurring after the effective date of such notification. If any modification pursuant to this subpart (j) is deemed to be invalid, unenforceable, or illegal, then the arbitration provisions effective at the time of your agreement to these Terms shall govern any dispute or disagreement between you and us regarding GOLFPASS Transactions or Relationships.
(k) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, and subject to Section 18, at your option, you may bring any claim for damages you have against us 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.
(l) Confidentiality of Arbitration. You and we agree to maintain the confidential nature of the Arbitration and shall not disclose the fact of the Arbitration, any documents exchanged as part of any mediation, proceedings of the Arbitration, the Arbitrator’s decision and the existence or amount of any Award, except as may be necessary to prepare for or conduct the Arbitration (in which case anyone becoming privy to such confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or court order.
25. Dispute Resolution Only if a Tribunal has Ruled that Arbitration is Prohibited by Law
This Section 25 applies only where applicable law, as determined by a court with appropriate jurisdiction, prohibits arbitration of disputes in accordance with Section 24.
(a) Section 25 disputes. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the GOLFPASS Services, the Content, these Terms or to any of our actual or alleged intellectual property rights (collectively, a “Section 25 Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Section 25 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 25(a). Your notice to us must be sent to:
By mail:NBCUniversal Media, LLCNBC Universal Law Department620 5th Avenue, 5th Floor, Office 574New York, New York 10020By e-mail: email@example.com
For a period of sixty (60) days from the date of receipt of notice from the other party, we and you will engage in a dialogue in order to attempt to resolve the Section 25 Dispute, though nothing will require either you or us to resolve the Section 25 Dispute on terms with respect to which you and us, 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 25 Dispute.
(c) Governing Law. To the maximum extent permitted by the mandatory laws in your country of residence, these Terms and any Section 25 Dispute arising out of or in connection with these Terms or their 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.
(d) Injunctive Relief. The foregoing provisions of this Section 25 will not apply to any legal action taken by us 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 GOLFPASS Services, any Content, your User Content and/or our intellectual property rights (including such as we may claim may be in dispute), our operations, and/or our products or services.
26. 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 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
27. Terms Applicable to 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 Terms. However, these Third Party Platform Providers are not party to these Terms and have no obligation to provide maintenance and/or support of the GOLFPASS Services. GOLFPASS, not such Third Party Platform Providers, are solely responsible for the GOLFPASS Services. Your access to the GOLFPASS Services using the Third Party Platform Providers’ app stores or platforms are subject to the usage terms set forth in the applicable Third Party Platform Provider’s terms of service.
In the case of any GOLFPASS applications accessed or downloaded via the Apple app store or platform, if such application fails to conform to any applicable warranty in these Terms, then you may notify Apple and Apple will refund to you the purchase price (if any) of the application. GOLFPASS, not Apple, is responsible for addressing any claims you or a third party may have relating to such application, or your possession and/or use of such application, including, but not limited to: (a) product liability claims; (b) any claims that such application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third party claim that such application, or your possession and use of such application, infringes that third party’s intellectual property rights, GOLFPASS, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
In the case of any GOLFPASS applications accessed or downloaded via the Samsung app store or platform, if you wish to assert a claim against Samsung in connection with a GOLFPASS application, such claim must be brought by you as an individual and not as a member of a class.
(a) Applicable law. These Terms, any Additional 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. The Convention on Contracts for the International Sale of Goods does not apply to your access or use of the GOLFPASS Services or these Terms.
(b) Venue. Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms will be brought exclusively in the federal or state courts located in New York, 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.
(c) No Waiver. No failure or delay by us in exercising any right, power or privilege under these Terms 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 Terms.
(d) Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.
(e) Limited Time to File Claims. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the GOLFPASS Services, or these Terms, or other GOLFPASS Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(f) Paragraph and Section Titles are For Your Convenience. The paragraph or section titles in these Terms are for convenience only and have no legal or contractual effect.
(g) This is the Entire Agreement. These Terms 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.
(h) Assignment. These Terms are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and assigns. You shall not assign your rights or obligations hereunder without our prior written consent and any such assignment shall be void and invalid at the outset.
(i) Survival. Sections 1, 4, 6 (excluding subsections (c), (d) and (e)), 9-13, 15-19, 22-25, and 27-29 of these Terms and any other terms that by their nature survive these Terms shall survive any termination of these Terms.
Additional Terms (U.S.)
I. Subscription Agreement.
PLEASE CAREFULLY READ THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS RELATING TO YOUR PURCHASE AND USE OF OUR PAID SUBSCRIPTION GOLFPASS SERVICES (collectively, the “GOLFPASS Subscription Services”).
By using any of our GOLFPASS Subscription Services that we may offer currently or in the future, including but not limited to GOLFPASS, GOLFPASS+, and GOLFPASS Video-Only, you agree to the terms and conditions set forth in this Subscription Agreement and the Terms.
1. Account. You must have a valid GOLFPASS account to purchase a GOLFPASS Subscription Service membership (“Membership”). Amazon or other third-party accounts and guest accounts that may be used to access GOLFPASS-related or affiliated platforms are not eligible.
2. Charges and Fees for GOLFPASS Subscription Services.
(a) Subscription Period. Your Membership will provide you access to all of the content and benefits relating to the level of subscription you select (i.e. GOLFPASS, GOLFPASS+, or GOLFPASS Video-Only) for the period provided during sign-up ("Subscription Period"). For more detail about the content and benefits available to your Membership level during your Subscription Period please review our FAQs - https://www.golfpass.com/faq.
(b) Payment and Fees. You will be billed upfront for the cost of the full Subscription Period, in addition to any applicable taxes, transaction fees and other charges and fees incurred in order to access your Membership. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") for payment. You may edit your Payment Method information in your Account page. If there is a problem charging your default payment method, we may charge any other valid payment method associated with your account. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Additionally, your Payment Method may be automatically updated from time to time using information provided by your Payment Method issuer (i.e. credit card number and/or expiration date). This automatic updater service is provided by your Payment Method provider directly, not Golf, and may be governed by your cardholder agreement. Check with your Payment Method service provider for details.
(c) Price Increases. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice as contemplated in this Subscription Agreement and communicated to you through a posting on the GOLFPASS Services or such other means as we may deem appropriate from time to time (including e-mail or conventional mail). Such price increases will be applied on a prospective basis and you will be notified about the increase. You have the right to terminate this Subscription Agreement within 30 days of such notice. After the expiration of this notice period, the changes will become effective.
3. Cancellation; Refunds.
(a) Cancellation. You may cancel your Membership at any time via the methods outlined below. However, the cancellation will take effect the day after the last day of the current Subscription Period and you will continue to have access to your Subscription until that date (unless otherwise noted). Therefore, if you cancel your subscription before the end of the Subscription Period, we will not refund any subscription fees already paid to us. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect
You can cancel your subscription via the following methods: (1) by contacting customer service via telephone (subject to call center hours), or (2) by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 72 hours after we receive your request. You may also visit your Account page to cancel your subscription. If you cancel near the end of your billing period and are inadvertently charged for the next period's fee, contact customer service to have the charges reversed.
(b) No Refunds. Monthly Membership payments are non-refundable and there are no refunds or credits for partially used periods. Annual Membership payments are refundable only under the following circumstances: (1) You cancel your annual Membership within the first thirty (30) days of purchase; and (2) You have not used any available Membership benefits following Your purchase of the annual Membership. Except as set forth below, you will continue to have access to your subscription through the end of your current Subscription Period following any cancellation. At any time, and for any reason, we may provide a refund, discount, or other consideration ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
4. Availability of GOLFPASS Subscription Services. The availability and use of our GOLFPASS Subscription Services may be limited based on age, geographic location, commercial or non-commercial use, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to our GOLFPASS Subscription Services or may terminate your Membership at any time based on these criteria.
II. GOLFPASS Membership Level Terms.
In addition to the Terms and the Subscription Agreement, the following terms and conditions shall apply specifically to the level of GOLFPASS Membership purchased:
1. GOLFPASS Video-Only Membership.
(a) Video-Only Benefits. GOLFPASS Video-Only members will receive access to certain exclusive Video Content hosted within the GOLFPASS Services. GOLFPASS may change the availability and accessibility of all GOLFPASS Video Content at its discretion. For the avoidance of doubt, GOLFPASS Video-Only Memberships will not include any other benefits available to GOLFPASS and GOLFPASS+ Memberships other than the GOLFPASS Video Content.
(b) Availability; Third-Party Platforms. GOLFPASS may offer GOLFPASS Video-Only Memberships for purchase directly through the GOLFPASS.com desktop and mobile websites (the “GOLFPASS Sites”), as well as certain third-party platforms, including but not limited to Apple iOS and Comcast XFINITY X1. GOLFPASS Video-Only Memberships purchased through third-party platforms are subject to the terms and conditions of those third-party platforms, and the applicable third-party platform, not GOLFPASS, will at all times be solely responsible for payment, renewals, account management, account access, cancellation, or any other issue relating to your subscription purchased through that platform.
(c) Access. You will receive access to the GOLFPASS Video Content on all GOLFPASS Services so long as your GOLFPASS Video-Only Membership was purchased through the GOLFPASS Sites. However, if you purchased your GOLFPASS Video-Only Membership through a third-party platform, your access to the GOLFPASS Video Content will be limited to that third-party platform. For example, if your GOLFPASS Video-Only Membership was purchased through an Apple account on an Apple iOS device, your access will be limited to Apple iOS devices, subject to Apple’s applicable terms and conditions.
(d) Upgrades. If you purchased your GOLFPASS Video-Only Membership through the GOLFPASS Sites, you may upgrade your Membership at any time by either: (1) contacting customer service via telephone at (833) 465-3847 (subject to call center hours); or (2) by such other means GOLFPASS may provide from time to time. Previously paid Membership fees cannot be used towards an upgraded Membership unless your Video-Only Membership was purchased through the GOLFPASS Sites. GOLFPASS Video-Only Memberships purchased through third-party platforms may not be upgraded.
(e) Third-Party Customer Service. If you purchased your GOLFPASS Video-Only Membership through a third-party, any questions relating to your subscription (i.e. account management, subscription, payment, cancellation, etc.) must be directed to the applicable third-party platform.
2. GOLFPASS Membership.
In addition to receiving the exclusive Video-Content available to GOLFPASS Video-Only Memberships, the following shall apply to purchases of a standard annual and/or monthly GOLFPASS Membership (“GOLFPASS Membership”):
(a) TaylorMade Golf Ball Benefit. All new annual GOLFPASS Members will receive one (1) dozen TaylorMade golf balls (model to be determined in GOLFPASS’ discretion) within sixty (60) days of your enrollment date, subject to product availability. This benefit is limited in nature and may expire, be changed, or be discontinued at any time without notice. For the avoidance of doubt, this benefit will not apply to monthly GOLFPASS Memberships.
(b) “PLAY” Benefit. GOLFPASS Members will receive one (1) GOLFNOW promotional code (the “PLAY Promo Code”) per month while their GOLFPASS Membership is current and valid, which may be used to redeem one (1) Hot Deal* tee time of any value** (for one (1) golfer only), playable Monday through Thursday after 12:00 p.m. only. PLAY Promo Codes will be sent via email to the email address associated with your account and will expire three hundred and sixty-five (365) days after the date in which it is issued and cannot be extended. However, in the event you cancel your GOLFPASS Membership, all unused PLAY Promo Codes will become null and void ninety (90) days from the date of cancellation. PLAY Promo Code is case sensitive and must be entered exactly as written. PLAY Promo Code cannot be combined with any other offers, promotions, coupons, or discounts, and is non-transferable, cannot be resold, and has no cash value. Adjustments to prior purchases will not be permitted. Any applicable taxes not included. For a list of excluded courses, click here [http://promotions.golfnow.com/promocode/].
* Hot Deal tee times must be booked through GOLFNOW.com or the GOLFNOW mobile app (GOLFNOW’s “Distribution Channels”). Once reserved, Hot Deal tee-times cannot be cancelled or refunded. Hot Deals tee time(s) are subject to availability on a first come, first served basis, and are therefore not guaranteed to available at the golf course and/or time of Your choice.
**For customers who purchased yearly RG+, GOLF Advisor Club, GOLF Odyssey, and/or GOLFNOW VIP subscriptions prior to January 28, 2019 and are automatically transitioned to a GOLFPASS Membership, each monthly PLAY Promo Code will be capped at a value of twenty-one dollars ($21.00) per use for the remainder of Your original subscription term. Following January 28, 2019, Your GOLFPASS Membership will renew under the then applicable GOLFPASS Terms.
(c) “SHOP” Benefit. Partner offers and discounts: GOLFPASS may offer to special pricing or discounts to GOLFPASS Members on products available for purchase through partner or affiliate websites. These third-party sites are governed by their own policies and restrictions, and our partners reserve the right to refuse GOLFPASS Member usage for each agreed on offer. GOLFPASS Members are not guaranteed inventory or discounted purchases. Every offer is subject to product availability, is limited in nature, and may expire, be changed, or be discontinued at any time without notice.
(c) “TRAVEL” Benefit. GOLFPASS Members may receive exclusive discounts or special pricing on certain GOLFPASS-related events during their membership. Additional purchase is required, and travel and other expenses related to attendance at these events not included. Subject to availability and event schedule. These discounts have no cash value, may not be combined or substituted with other offers, are non-transferable, and may expire, be changed, or be discontinued at any time at GOLFPASS’ discretion. Adjustment to prior purchases will not be permitted.
3. GOLFPASS+ Membership.
In addition to receiving access to the benefits available to GOLFPASS Video-Only and GOLFPASS Members, purchasers of a GOLFPASS+ Membership will receive the following:
(a) Waived Convenience Fees on GOLFNOW: Convenience fees will be waived for GOLFPASS+ Members on all tee times booked through GOLFNOW’s Distribution Channels. Tee time reservations must be booked using the email address associated with your GOLFPASS+ Membership. Other taxes and fees may apply on the tee time reservation. For the avoidance of doubt, convenience fees will not be waived for tee times booked outside of GOLFNOW’s Distribution Channels.
(b) 25% Extra GOLFNOW Rewards Points: GOLFPASS+ Members will earn twenty-five percent (25%) extra GOLFNOW Rewards points on eligible tee time reservations booked through GOLFNOW’s Distribution Channels. All rounds booked through GOLFNOW’s Distribution Channels awarded points based on the net dollar amount paid to GOLFNOW for Hot Deals tee times and Convenience Fees where applicable i.e. $1.00 = 1.25 points for GOLFPASS+ Members), and GOLFNOW Rewards points are not earned on tax. GOLFNOW Rewards points will accumulate toward promotional codes (“Promo Codes”) that have a maximum value of Ten Dollars ($10) each. Promo Codes are only redeemable towards the purchase of Hot Deals tee times booked through GOLFNOW’s Distribution Channels. A total of one hundred (100) rewards points accrued is equivalent to one (1) Ten Dollar ($10) Promo Code. Promo Codes earned with GOLFNOW Rewards points may be used once individually or can be accrued and combined towards for the total value of a Hot Deals tee time, provided that the value of such Promo Codes meets or exceeds the price of the tee time reserved. These Promo Codes expire one (1) year from the date earned, regardless of whether your GOLFPASS+ membership is still active at that time. Prior to January 16, 2018, the current GOLFNOW Rewards points allocation from the then current regular GOLFNOW VIP program will remain in effect. For more information on GOLFNOW Rewards, click here [https://memberships.golfnow.com/faqs/#5a9049535f0f0].
(c) Worry-Free Tee Times™: GOLFNOW’s Worry-Free Tee Times™ allow GOLFPASS+ Members to change, modify or cancel your tee time reservations online prior to your scheduled tee time without penalty up to twenty-five (25) times per year of your Membership. Modifying the player count on the same reservation multiple times will only count as one (1) of the 25 cancellations (i.e. if a member modifies a tee time from 4 to 3 players, and then modifies again from 3 to 2, this will only count as 1 cancellation). You must cancel online via GOLFNOW.com or GOLFNOW Mobile App at least one (1) hour prior to your scheduled tee time. If you do not submit the cancellation request to GOLFNOW (1) hour or more before the scheduled tee time, you will be charged as a "No-Show" under the golf course's No-Show policy. Worry-Free Tee Times cancellations include both full and partial tee time cancellations. If you cancel a prepaid tee time, you will be fully refunded any prepaid amounts in the form of a GOLFNOW credit applied to your GOLFNOW account. GOLFNOW credit will be automatically applied to your GOLFPASS+ account and you will be able to find it on your Account Information page under Payment Options. Your GOLFNOW credit can be applied to any Hot Deals tee time found on GOLFNOW’s Distribution Channels. GOLFNOW credits expire ninety (90) days after the issue date. If any GOLFNOW rewards were applied during the checkout process, they will be reactivated. Worry-Free Tee Times supersede any course cancellation policy for GOLFPASS+ Members. Any reservations made prior to becoming a GOLFPASS+ Member are not eligible for Worry-Free Tee Times cancellation or modification. Worry-Free Tee Times™ is a benefit that comes with your active GOLFPASS+ Membership that is in good standing as determined by GOLFPASS in its sole discretion. However, rounds booked prior to a GOLFPASS+ membership lapsing for any reason (other than revocation) may still be modified or cancelled up to the time of play. GOLFPSAS reserves the right to revoke the benefits of Worry-Free Tee Times from any GOLFPASS+ Member who abuses or fraudulently uses the program. GOLFPASS reserves the right to terminate or modify this program at any time, for any reason.
(d) GOLF Channel AmTour Discount: GOLFPASS+ Members are eligible to receive a GOLF Channel Amateur Golf Tour Membership at the discounted rate of One Hundred and forty nine Dollars ($149) annually. Details will be provided via email upon purchase of GOLFPASS+ membership. Separate purchase required.
(e) Global Golf Trade-In Offer: GOLFPASS+ Members are eligible to receive a one hundred twenty percent (120%) value on trade-ins with Global Golf at globalgolf.com. Details on redemption will be provided via email after purchase of GOLFPASS+ membership. Global Golf is a third-party, and Your use of their website and services may be subject to additional terms and conditions.