U.S. TERMS OF SERVICE AND SUBSCRIPTION AGREEMENT
Effective date September 27, 2018
GolfNow, LLC d/b/a Golf Advisor and its parent, subsidiary and affiliated companies (collectively, “Golf Advisor”, “we”, “our” or “us”) maintain websites and other services, products, related software, and/or or mobile or tablet applications relating to our Golf Advisor offerings (collectively, our “Services”). These Terms of Service apply whenever you access the Services, regardless of platform or device used.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY; THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION IN YOUR INDIVIDUAL CAPACITY ONLY, NO REPRESENTATIVE CLAIMS, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. BY USING THIS SITE OR ANY OF OUR SERVICES YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE OUR SERVICES.
TABLE OF CONTENTS
Terms of Service
Your use of our Services shall be limited solely to your personal and non-commercial use. Our Services contain material that is derived in whole or in part from material supplied and owned by Golf Advisor as well as third parties (collectively, “Content”). More
Our Services are intended for use by users who are over the age of 13 and reside in the United States, its territories, possessions and protectorates (“U.S.”). More
If you establish an account with Golf Advisor, you agree to provide true, accurate and current information in connection with that account. Any usernames and passwords used for our Services are for individual use only. You are solely responsible for maintaining the security and confidentiality of the password you use to access your account. More
The Golf Advisor Services are intended to serve as an online environment through which registered users may register to access and contribute golf course reviews, as well as other golf and travel-related content. More
We provide some of the Golf Advisor Services to you free of charge and other Golf Advisor Services require payment. We may charge a fee for any portion of the Golf Advisor Services. More
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used on our Services. More
Our Services may offer certain features and services that are available to you via your wireless Device. More
The following rules are a condition of your use of and access to our Services. You are responsible for the content of your communications (including User Content (as defined in Section 11)) via our Services. More
Golf Advisor may, but has no obligation to, monitor the use by you and other end users of our Services. More
Reviews, responses, profile entries, posts or questions may not be able to be deleted once uploaded. For some features of our Services, other members may be able to request e-mail notifications of your new public content or publish their own comments to your comments. More
Your correspondence or business dealings with, or participation in promotions of, merchants found on or through our Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. More
Our Services are not designed or intended for use by children under the age of 13. More
While Golf Advisor uses reasonable efforts to include current information on our Services, Golf Advisor makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise. More
NONE OF THE GOLF ADVISOR PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR 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 THIS SITE OR OUR OTHER SERVICES. More
IN NO EVENT WILL THE GOLF ADVISOR PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH OUR SERVICES OR THESE TERMS OF SERVICE EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO GOLF ADVISOR IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS. More
For your convenience, our Services may provide links to websites of other persons or entities (“Third-Party Websites”). HOWEVER, SUCH THIRD-PARTY WEBSITES ARE NOT CONTROLLED BY GOLF ADVISOR. More
You agree to defend, indemnify and hold harmless the Golf Advisor Parties and their respective directors, officers, employees, contractors and agents. More
Golf Advisor reserves the right to modify or discontinue the site or online services. More
Golf Advisor may, in its sole discretion, terminate your password, account (or any part thereof) or use of our Services. More
Golf Advisor respects the intellectual property of others, and we ask our users to do the same. Our Services and materials incorporated by Golf Advisor therein are protected by copyrights, patents, trade secrets or other proprietary rights. More
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to our Services. More
Golf Advisor reserves the right to investigate suspected violations of these Terms of Service, including, without limitation, any violation arising from any submission, posting or e-mail you make or send to any forum. More
Our content and other Services are not appropriate or intended to be available for use outside the U.S. More
Unless otherwise specified, the materials on our Services are presented solely to provide information regarding and to promote Golf Advisor’s services and other products available in the U.S. More
This Section 26 is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. More
This Section 27 applies to non-U.S. residents only, where applicable law prohibits arbitration of disputes in accordance with Section 26 above. More
You are solely responsible for any interaction with other members or visitors to our Services. More
Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice. More
These Terms of Service, any Additional Terms and the relationship between you and Golf Advisor shall be governed by the laws of the U.S. and the State of New York without regard to its conflicts of law provisions. More
If you access or download the Golf Advisor 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. More
Additional Terms - Subscription Agreement
Unless we indicate otherwise, this Agreement applies to your use of the Subscription Fee-Based Products which are owned or operated by GolfNow, LLC d/b/a Golf Advisor and its affiliates (collectively, “Golf Advisor”, “we”, “our” or “us”). More
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Subscription Fee-Based Products that you subscribe to, during the applicable period of your subscription, for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement. More
Certain portions, components, content and features of our Services are only available to individuals who purchase a subscription to one of our Subscription Fee-Based Products. More
You are entirely responsible for maintaining the confidentiality of your password and user account information. More
Either you or Golf Advisor may terminate or cancel your subscription to our Subscription Fee-Based Products at any time. More
The availability and use of our Subscription Fee-Based Products may be limited based on age, geographic location or other criteria as we may establish from time to time. More
We are committed to protecting your privacy and security. More
As a subscriber to one of our Subscription Fee-Based Products, you automatically become a registered user of our Services, which provides you with access to certain products, offerings, features, or resources of our Services such as the ability to post messages on one of our Community Areas (such feature is not available to those who are not registered users). More
You acknowledge that the Subscription Fee-Based Products contain information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights. More
You acknowledge that all Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials posted, e-mailed, or otherwise transmitted to or on the Subscription Fee-Based Products, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. More
If, at our request or on your own, you send, e-mail, post or otherwise transmit to us or the Subscription Fee-Based Products any Content (collectively, the “Submissions”), you grant Golf Advisor and its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any Submissions. More
Some of the Content on Subscription Fee-Based Products may not be appropriate for children. More
This Agreement applies only to the Subscription Fee-Based Products, and not to the websites or platforms of any other person or entity. More
You may order services, merchandise or other products through our Subscription Fee-Based Products from other parties (collectively, the “Third Party Sellers”). More
From time to time, Golf Advisor may offer special pricing or discounts on certain products, including but not limited to Golf Advisor Getaways, to GAC Members who have an active subscription to the Subscription Fee-Based Products (“GAC Member Pricing”). More
TERMS OF SERVICE
1. Acceptance of Terms of Service
2. Permitted Uses
Your use of our Services shall be limited solely to your personal and non-commercial use. Our Services contain material that is derived in whole or in part from material supplied and owned by Golf Advisor as well as third parties (collectively, “Content”). As between Golf Advisor and you, Golf Advisor 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 our Services and Content. You acknowledge Golf Advisor’s valid intellectual and proprietary property rights in our Services and Content and that your use of our Services is limited to the online access, viewing, streaming and (where expressly permitted by Golf Advisor) temporary offline access of Content, all solely as authorized by Golf Advisor. Nothing in these Terms of Service shall be deemed to convey to you any right, title or interest in or to our Services or Content or to any portion thereof except for the limited rights expressly granted herein.
You may use your account to access a maximum of one (1) stream of Content at any time across all of your Devices. Simultaneous access to multiple streams of Content by a single account holder is strictly prohibited. You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (each a “Device”) or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on our Services or Content, (ii) any digital rights management mechanism or other content protection or access control measure associated with our Services or Content, or (iii) any advertisement on our Services and/or within Content. You may not either directly or through the use of any Device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit our Services or Content unless expressly permitted by Golf Advisor in advance in writing. You may not incorporate Content into, or stream or retransmit the Content via, any hardware or software application or make our Services or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Content or Services with any third party content, materials or branding. You may not use any software robot, spider, crawler, or other data gathering or extraction tool, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate Content or any portion of our Services. (See Section 21 below for terms applicable to use of links to our Services.) You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on our Services or its servers and infrastructures. You may not build a business on, in whole or in part, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing, any portion of our Services or Content, whether or not for profit.
To the extent that Golf Advisor makes Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another site, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism or other content protection or access control measure associated with Content, or any advertisement delivered with Content.
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.
3. Access to the Site and Availability of Services
Our Services are intended for use by users who are over the age of 13 and reside in the United States, its territories, possessions and protectorates (“U.S.”). By using or attempting to use our Services, you certify that you meet all eligibility and residency requirements.
Golf Advisor may change, suspend or discontinue any aspect of our Services at any time (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, without notice or liability, including pursuant to Section 19 below.
You are responsible for any charges incurred in obtaining access to our Services.
You agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of our Services or these Terms of Service.
4. Registration, Passwords, Unauthorized Use of Your Account, and Sharing of Social Features
If you establish an account with Golf Advisor, you agree to provide true, accurate and current information in connection with that account. Any usernames and passwords used for our Services are for individual use only. You are solely responsible for maintaining the security and confidentiality of the password you use to access your account. You agree to immediately notify Golf Advisor of any unauthorized use of your password or account or any other breach of security. You understand and agree that our Services may include a social network and your activities (e.g., video viewing, interactions with members and/or advertisers) may be shared with others both on and off our Services. If you don’t want your activities on such social network to be shared, your only option is to deactivate the related social network account.
5. The Golf Advisor Services; Consent to Electronic Communications
The Golf Advisor Services are intended to serve as an online environment through which registered users may register to access and contribute golf course reviews, as well as other golf and travel-related content. Users may also interact with Golf Advisor’s Editors through the Golf Advisor Services. Golf Advisor also offers for sale through the Golf Advisor Services certain golf-related travel packages, such as Getaways and Stay-and-Play trips.
Users may also participate in 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.
The Golf Advisor Services are constantly evolving and may change over time. We may change, suspend or discontinue any or all aspects of the Golf Advisor 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 Golf Advisor Services. We have the right to suspend or terminate access to the Golf Advisor Services and your accounts on the Golf Advisor Services, including due to a violation of these Terms.
By using the Golf Advisor 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 Golf Advisor 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.
6. Paid Subscriptions and Credits
We provide some of the Golf Advisor Services to you free of charge and other Golf Advisor Services require payment. We may charge a fee for any portion of the Golf Advisor 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 Golf Advisor 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 Golf Advisor Services after a fee has been imposed or increased, you agree to pay the fee or increase.
Some Golf Advisor Services require paid subscriptions to access, including “GAC”. Your use of our Subscription Fee-Based Products (as defined in our Subscription Agreement) is subject to the terms and conditions of our Subscription Agreement, which terms and conditions are incorporated herein.
If you sign up for a subscription, you agree that your subscription may be automatically renewed and, except as otherwise stated in applicable Subscription Agreement 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. You must notify us of any changes to your payment information. We may use third party credit card updating services to obtain current expiration dates on credit cards.
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 Golf Advisor Services.
a. Digital Items
Purchases of online videos/classes, discount vouchers/flash deals, points and any other virtual items available on the Golf Advisor Services (collectively “Digital Items”) are non-refundable (except as otherwise stated herein), have no monetary or cash value (i.e., are not a cash account or equivalent), are not redeemable for cash, and are purchases of only a non-exclusive, revocable, non-assignable and non-transferable right to use the specific Digital Item purchased. All Digital Items are our Content and you have no proprietary or monetary interest in Digital Items you have purchased. We may immediately suspend or terminate your rights to use Digital Items in our sole discretion without notice or liability. We may establish redemption or purchasing limits on Digital Items such as expiration dates or maximum amounts. We may also modify Digital Items in our sole discretion at any time following purchase, and such modifications may make the Digital Items more or less valuable or functional. You agree that you are not entitled to a refund as a result of any modification, and we agree that you are not required to pay us any additional amounts.
You may not transfer, sell, purchase, barter, or trade Digital Items or attempt or offer to do so. Digital Items are not exchangeable for any other product or service from Golf Advisor, except where explicitly stated otherwise. Any attempted transfer will be null and void. If we suspend or terminate your Digital Items due to a violation of these terms, you forfeit the right to use 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. Promotional Codes
Promotional codes for certain Golf Advisor 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.
d. Trial Periods
We may provide a limited free trial period (“Trial Period”) to certain users regarding certain Golf Advisor 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 including but not limited to the Subscription Agreement.
If we provide you with a Trial Period, then you must provide valid payment method information in order to use the applicable Golf Advisor Services during the Trial Period. We will not charge you for those Golf Advisor Services subject to a Trial Period. If you do not cancel the applicable Golf Advisor Services by the end of your Trial Period, you authorize us to automatically charge your payment method for Golf Advisor Services subsequent to the Trial Period (e.g., for each of the following payment periods for a subscription Golf Advisor 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 TO 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 a Golf Advisor Service before you must begin paying for that Golf Advisor Service. If you exceed this limit, we may charge your chosen payment method for any subsequent use of the Golf Advisor Service or suspend your use of the Golf Advisor Services, in our sole discretion.
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used on our Services. Click here to view the notice, which forms part of these Terms of Service.
8. Wireless and Location-Based Features; Social Media Plug-ins
Wireless Features. Our Services may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access our Services’ features and upload content to our Services, receive messages from our Services, and download applications to your wireless Device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. We have no responsibility or liability for any fees or charges you incur when using Wireless Features. You should check with your carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your carrier with any other questions regarding these issues.
In addition, where any Mobile App collects precise information about the location of your Devices, it will be used to provide requested location services, and, depending on the particular Mobile App, it may be used, amongst other uses, to allow tagging or to check-in.
Some Mobile App(s) or feature(s) allow for you to disable location-based features or manage preferences related to them. However, you can terminate Device location tracking by us by uninstalling any Mobile App(s) or feature(s). The location-based services offered in connection with our Mobile App(s) or feature(s) are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly 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.
Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter and Google Plus (among others) may be integrated on our Services. Where our Services contain a plug-in to a social network, these are clearly marked (e.g. with a Facebook button). If you choose to click on one of these buttons or links, your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account the social network receives the information that the web page was used by you. If you interact with a social network plug-in (e.g., you press the Facebook “Like” feature, the Twitter “Tweet this” feature, Google Plus “1+” button, or equivalent) or drop a comment on the appropriate web page, 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 our Services, there is the possibility 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 enabling us to have ongoing access to certain information from your social network profile (such as your name, social networking id page, e-mail address, photo, gender, location, the people/sites you follow, etc.).
9. Your Conduct and Acceptable Use
The following rules are a condition of your use of and access to our Services. You are responsible for the content of your communications (including User Content (as defined in Section 11)) via our Services.
- No Interference. You may not interfere with any other user’s ability to use or enjoy our Services.
- No Bullying. You may not use our Services to threaten, abuse, harass, or invade the privacy of any third party.
- Content Posted by You Must be Yours. You may not upload, post, transmit or otherwise distribute or facilitate the distribution of content that is fraudulent or infringes the rights of any third party, including, without limitation, patent, trademark, copyright, right of publicity or other proprietary rights
- Your Materials Must Be Lawful and Appropriate. You may not upload, post or otherwise distribute or facilitate the distribution of any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate information of any kind, including, without limitation, any images or other material of a sexual nature.
- Don’t Damage Our Services or Servers. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of our Services, or to obtain unauthorized access to our Services or Content or any data or other information of any third party.
- No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to our Services or use our Services, Content or any information contained therein for any unlawful purpose. Golf Advisor, in its sole and absolute discretion, shall determine whether any content you transmit or receive or your use of our Services violates this provision.
- Be Yourself. You may not impersonate or falsely state or otherwise misrepresent your professional or other affiliation with any other person or entity.
- No Criminal or Unlawful Conduct. You may not use our Services, Content or any information contained therein for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability. You may not use any of our Services in connection with any site or other use that contains or is associated with information or content prohibited by this section.
- Follow These Terms of Service and Conduct Rules. You may not take any action on or through our Services that violates any applicable law (including applicable regulation or judicial order, “law”) or these Terms of Service.
We may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to our Services or seeking other legal or equitable remedies, once we become aware of any violation of these provisions.
11. User Content; Grant of Limited License
Reviews, responses, profile entries, posts or questions may not be able to be deleted once uploaded. For some features of our Services, other members may be able to request e-mail 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 post or upload any content to the Services (“User Content”), you hereby acknowledge and agree that you are granting Golf Advisor (including, without limitation, its parent, subsidiary and affiliate companies) and its licensees, successors and assigns a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such User Content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such User Content or otherwise have sufficient rights in your User Content to grant to Golf Advisor the foregoing license without infringing or violating the rights of any third party. Without in any way limiting the foregoing, you acknowledge and agree that Golf Advisor (including, without limitation, its parent, subsidiary and affiliate companies) and its licensees, successors and assigns shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to Golf Advisor under these Terms of Service, and to display any advertising, publicity, promotional materials and distribution rights in connection with your User Content. You acknowledge and agree that Golf Advisor, its licensees, affiliates, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your User Content. Nothing in these Terms of Service obligates or may be deemed to obligate Golf Advisor or any other person or entity to exercise any of the rights granted by you under these Terms of Service. You will not receive any compensation of any kind for your User Content or our use thereof, and you agree that there is no industry or other custom or practice that will vary these Terms of Service. You agree that Golf Advisor (including, without limitation, its parent, subsidiary and affiliate companies) and its licensees, successors and assigns shall have no obligation to give you credit for your User Content, but in their sole discretion may elect to do so.
No Rights Created by Submission and No Payment for User Content. Your User Content will not be acknowledged or returned. You acknowledge and agree that your User Content is being sent voluntarily by you, and not in confidence, and that no confidential relationship is intended or created between Golf Advisor, and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of User Content. You also agree that Golf Advisor does not intend and will not pay you for any User Content. You understand that no industry custom or practice changes your agreement that you will not be paid for any User Content.
Use of Name and Likeness. By posting User Content on our Services, you consent to the recording, use and reuse by Golf Advisor, its licensees, successors and assigns, of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your User Content, as used, edited, altered, fictionalized or modified by Golf Advisor, in its sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with Golf Advisor, our Services or related sites and services, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity.
Ownership. Except as expressly set forth in these Terms of Service, you shall continue to own all rights in and to your User Content. To the extent your User Content contains other materials or elements owned by Golf Advisor or any other affiliated company, such as characters or other elements protected by copyright, trademark or other laws, your rights to make any other use of such User Content will continue to be governed by and may be limited by other applicable laws, the rights of third parties and Golf Advisor.
Idea Submissions Prohibited. Golf Advisor does not accept unsolicited submissions for motion pictures, television programs, websites, articles, streaming video, e-books, or other products or services. Therefore, please do not make any such unsolicited submissions to Golf Advisor through our Services, including posts on any third party social network or website, or by e-mail, text message or any other means. However, if you decide to make any such unsolicited submission, you hereby grant to Golf Advisor the right and license to the submission as if it were User Content as specifically set forth above. In addition, Golf Advisor retains all of the rights held by members of the general public with regard to your unsolicited ideas and materials. Golf Advisor’s receipt of your unsolicited ideas and materials is not an admission by Golf Advisor of their novelty, priority, or originality, and it does not impair Golf Advisor’s right to contest existing or future intellectual property rights relating to your unsolicited ideas and materials.
Public Nature of Services. While we may offer you the ability to post User Content anonymously, please be aware that your account information relating to your User Content is still stored by us. User Content does not reflect the views of Golf Advisor. Notwithstanding anything else in these Terms of Service, Golf Advisor should not be seen as endorsing any User Content in any way. None of Golf Advisor (including, without limitation, its parent, subsidiary and affiliate companies) or its officers, directors, employees, licensees, contractors, or agents shall be liable for any User Content. You acknowledge that you have no expectation of privacy with regard to any User Content.
Liability for User Content. User Content does not reflect the views of Golf Advisor. Notwithstanding anything else in these Terms of Service, Golf Advisor should not be seen as endorsing any User Content in any way. User Content posted through our Services is provided by users like you who are unaffiliated with Golf Advisor, and the user providing User Content is solely responsible for his/her own User Content. This means that you, and not Golf Advisor, are entirely responsible and liable for any claims, loss or damages relating to all User Content that you upload, post, e-mail or otherwise transmit via our Services. None of Golf Advisor or its affiliates, or its or their officers, directors, employees, subsidiaries and/or affiliates are responsible for User Content, nor shall they have any liability for any such User Content. Golf Advisor does not investigate, monitor or check for accuracy or completeness of User Content. You understand that by using our Services, you may be exposed to User Content that is offensive, indecent, or objectionable.
Your correspondence or business dealings with, or participation in promotions of, merchants found on or through our Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. Golf Advisor will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on our Services.
13. Children’s Online Privacy Protection Act Notification
Our Services are not designed or intended for use by children under the age of 13.
14. Disclaimer of Warranties
While Golf Advisor uses reasonable efforts to include current information on our Services, Golf Advisor makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.
WE PROVIDE OUR SERVICES ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOLF ADVISOR, ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE “GOLF ADVISOR PARTIES”) DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE GOLF ADVISOR PARTIES DO NOT WARRANT THAT OUR SERVICES, OR YOUR ACCESS TO OR USE OF OUR SERVICES WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. THE GOLF ADVISOR PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OUR SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE SUCH SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE GOLF ADVISOR PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON OUR SERVICES OR ANY WEB SITES LINKED THERETO IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE GOLF ADVISOR PARTIES MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON OUR SERVICES OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE GOLF ADVISOR PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF OUR SERVICES OR ANY OTHER SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
15. Exclusion of Damages
NONE OF THE GOLF ADVISOR PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR 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 THIS SITE OR OUR OTHER SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF GOLF ADVISOR OR ANOTHER GOLF ADVISOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE GOLF ADVISOR PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE OR OUR OTHER SERVICES. WITHOUT LIMITING THE FOREGOING, THE GOLF ADVISOR PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH SECTION 4 ABOVE (REGISTRATION, PASSWORDS, UNAUTHORIZED USE OF YOUR ACCOUNT, AND SHARING OF SOCIAL FEATURES) OR (2) CONTENT POSTED TO THIS SITE OR OUR OTHER SERVICES BY YOU OR ANY THIRD PARTY.
16. Limitation of Liability. Applicability of Disclaimers, Exclusions and Limits
IN NO EVENT WILL THE GOLF ADVISOR PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH OUR SERVICES OR THESE TERMS OF SERVICE EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO GOLF ADVISOR IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, GOLF ADVISOR 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. THIS PARAGRAPH WILL ONLY APPLY IF AN ARBITRATOR WITH APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE.
17. NBCUniversal is Not Responsible For Third-Party Websites and Content
For your convenience, the online services may provide links to websites of other persons or entities (“Third-Party Websites”). HOWEVER, THE THIRD-PARTY WEBSITES ARE NOT CONTROLLED BY NBCUNIVERSAL. ACCORDINGLY, NBCUNIVERSAL MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEBSITES HAS NO RESPONSIBILITY FOR THE CONTENTS OF SUCH THIRD-PARTY WEBSITES, AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY WEBSITES. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SITE OR OTHER SERVICE OF A LINK TO A THIRD-PARTY WEBSITE DOES NOT IMPLY AN ENDORSEMENT BY NBCUNIVERSAL. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SITES, PLEASE UNDERSTAND THAT IF YOU VISIT THIRD-PARTY WEBSITES THEN YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SITES.
You agree to defend, indemnify and hold harmless the Golf Advisor Parties and their respective directors, officers, employees, contractors and agents 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 accruing from (a) any breach of these Terms of Service, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto Golf Advisor’s servers, and/or from any and all use of your account; (b) any material posted or otherwise provided by you (including without limitation User Content), or 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 our Services; and (d) any breach of any representation, warranty or other terms or conditions relating to use of your User Content or our Services.
19. Reservation of Rights
Golf Advisor reserves the right to modify or discontinue, temporarily or permanently, all or any part of our Services and/or any software, facility or service, with or without notice, and/or to establish general guidelines and limitations on their use.
Golf Advisor may, in its sole discretion, terminate your password, account (or any part thereof) or use of our Services, or remove and discard any User Content or information stored, sent, or received via our Services without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access or use our Services, (ii) any unauthorized access or use of our Services, (iii) any violation of these Terms of Service, or (iv) tampering with or altering any of the software, data files, and/or Content contained in or accessed through, our Services. You may terminate your account for any reason or no reason. Termination, suspension, or cancellation of these Terms of Service or your access rights to our Services shall not affect any right or relief to which Golf Advisor may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to Golf Advisor and its licensors and all rights granted by you to Golf Advisor shall survive in perpetuity.
21. Infringement Policy
Golf Advisor respects the intellectual property of others, and we ask our users to do the same. Our Services and materials incorporated by Golf Advisor therein are protected by copyrights, patents, trade secrets or other proprietary rights. Some of the characters, logos or other images incorporated by Golf Advisor in our Services are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Golf Advisor or others.
Golf Advisor, pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use our Services if it determines in its 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. Golf Advisor accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Therefore, in compliance with the Act, if you believe that any such third party materials infringe your intellectual property please send a written notice to the agent identified below to request a review of the alleged infringement:
NBCUniversal Media, LLC
NBCUniversal Law Department
30 Rockefeller Plaza, Rm. 1087E
New York, New York 10112
By e-mail: email@example.com
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 our 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 Golf Advisor 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.
22. Links By You To the Online Services
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to our 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 do not suggest any affiliation with or endorsement by Golf Advisor or cause any other confusion regarding your relationship to Golf Advisor or its affiliates or to our Services, (c) the link opens in a new browser window and links to the full version of the applicable Services web page; and (d) the links and the content on your website do not portray Golf Advisor or its affiliates or its 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 Golf Advisor. Golf Advisor reserves the right to suspend or prohibit linking to our Services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
Golf Advisor reserves the right to investigate suspected violations of these Terms of Service, including, without limitation, any violation arising from any submission, posting or e-mail you make or send to any forum. Golf Advisor may seek to gather information from the user who is suspected of violating these Terms of Service and from any other user. Golf Advisor may suspend any user whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Golf Advisor believes, in its sole discretion, that a violation of these Terms of Service has occurred, it 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 any other corrective action that it deems appropriate. Golf Advisor will fully cooperate with any law enforcement authorities or court order requesting or directing Golf Advisor to disclose the identity of anyone posting any e-mail or publishing or otherwise making available any materials that are believed to violate these Terms of Service. BY ACCEPTING THESE TERMS OF SERVICE, YOU WAIVE AND HOLD HARMLESS ALL GOLF ADVISOR PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY GOLF ADVISOR PARTY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER ANY GOLF ADVISOR PARTY OR LAW ENFORCEMENT AUTHORITIES.
24. Local Regulations
25. Export Control
Unless otherwise specified, the materials on our Services are presented solely to provide information regarding and to promote Golf Advisor’s services and other products available in the U.S. Our Services are controlled and operated by Golf Advisor from its offices within the State of Florida. Golf Advisor makes no representation that materials on our Services are appropriate or available for use outside the U.S. Those who choose to access our Services from outside the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from our Services are further subject to U.S. export controls. No software may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By accessing or using our Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
26. Binding Arbitration of All Disputes. No Class Relief
This Section 26 is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Golf Advisor agree that we intend that this Section 26 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 26 can only be amended by mutual agreement. For non-U.S. residents, if binding arbitration is adjudged by a tribunal to be unenforceable, the provisions of Section 27 below 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 any of Services (including this Site), (ii) any purchases or other transactions or relationships with Golf Advisor made through our Services, or (iii) any data or information you may provide to Golf Advisor or that Golf Advisor may gather in connection with such use, interaction or transaction conducted through our Services (collectively, “Golf Advisor 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 Site or our other Services, or engaging in any other Golf Advisor Transactions or Relationships with us, you agree to binding arbitration as provided below.
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 Golf Advisor (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 the arbitration provisions in this Section 26, 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 (or, if applicable, AAA) 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 Golf Advisor; 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 shall (i) 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) 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) honor claims of privilege recognized at law; and (iv) have authority to award any form of legal or equitable relief;
e. No Class Relief. The Arbitration can resolve only your and/or Golf Advisor’s 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, Golf Advisor 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 Golf Advisor’s last written settlement offer, the Arbitrator shall also have the right to include in the Award Golf Advisor’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but Golf Advisor 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 Golf Advisor shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
Modification of Arbitration Clause with Notice. Golf Advisor may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Golf Advisor has given notice of such modifications and only on a prospective basis for claims arising from Golf Advisor Transactions and Relationships occurring after the effective date of such notification.
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 Golf Advisor 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.
27. Dispute Resolution for Non-US Residents Only if a Tribunal has Ruled that Arbitration is Prohibited by Law
This Section 27 applies to non-U.S. residents only, where applicable law prohibits arbitration of disputes in accordance with Section 26 above.
(a) Section 27 disputes. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to our Services, Content, these Terms of Service, whether heretofore or hereafter arising, or to any of Golf Advisor’s actual or alleged intellectual property rights (collectively, a “Section 26 Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Section 26 Dispute along with a proposed resolution. 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 26(A). Your notice to us must be sent to:
NBCUniversal Media, LLC
NBCUniversal Law Department
30 Rockefeller Plaza, Rm. 1087E
New York, New York 10112
By e-mail: firstname.lastname@example.org
For a period of sixty (60) days from the date of receipt of notice from the other party, Golf Advisor and you will engage in a dialogue in order to attempt to resolve the Section 27 Dispute, though nothing will require either you or Golf Advisor to resolve the Section 27 Dispute on terms with respect to which you and Golf Advisor, in each of our sole discretion, are not comfortable.
(b) Jurisdiction. The parties agree that the state or federal courts in the State of New York shall have non-exclusive jurisdiction of any Section 27 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 27 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.
(d) Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A SECTION 27 DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 27(A) ABOVE WITHIN ONE (1) YEAR AFTER THE SECTION 27 DISPUTE ARISES, OR IT WILL BE FOREVER BARRED.
Injunctive Relief. The foregoing provisions of this Section 27 will not apply to any legal action taken by Golf Advisor 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 our Services, any Content, your User Content and/or Golf Advisor’s intellectual property rights, Golf Advisor’s operations, and/or Golf Advisor’s products or services.
28. Member Disputes
You are solely responsible for any interaction with other members or visitors to our Services, and Golf Advisor reserves the right, but shall have no obligation, to monitor disputes between you and any other user of our Services.
29. Notice for California Users
Under California Civil Code Section 1789.3, California users of our 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.
(a) Applicable law. These Terms of Service, any Additional Terms and the relationship between you and Golf Advisor shall be governed by the laws of the U.S. and the State of New York without regard to its conflicts of law provisions. Subject to the arbitration provisions in Section 26 above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service 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.
(b) No Waiver. No failure or delay by Golf Advisor in exercising any right, power or privilege under these Terms of Service 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 of Service.
(c) Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Service will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.
(e) Paragraph and Section Titles are For Your Convenience. The paragraph or section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
(f) This Is the Entire Agreement. These Terms of Service 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.
(g) These Terms of Service are binding upon and shall inure to the benefit of the parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without Golf Advisor’s prior written consent.
(h) Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software. All internet service provider, mobile service, and other services needed to access our Services, and all charges related thereto, are your sole responsibility.
31. Terms Applicable to Third Party Platform Providers
If you access or download the Golf Advisor 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 Golf Advisor Services. NBCUniversal, not such Third Party Platform Providers, are solely responsible for the Golf Advisor Services. Your access to the Golf Advisor 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 NBCUniversal 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. NBCUniversal, 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, NBCUniversal, 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 NBCUniversal applications accessed or downloaded via the Samsung app store or platform, if you wish to assert a claim against Samsung in connection with a NBCUniversal application, such claim must be brought by you as an individual and not as a member of a class.
If you have any questions, comments or claims, please contact Golf Advisor at:
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