Platform Terms of Service

GolfCard Terms of Service

Last updated: October 21, 2025

Welcome! We’re very glad you decided to join the GolfCard community.
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These terms and conditions (the “Terms”) apply to users (“GolfCard Users”) of the GolfCard website or the GolfCard mobile application (collectively, the “App”), each GolfCard User’s account with GolfCard (“GolfCard Account”), and related services we provide to you (collectively, the “GolfCard Services”). These Terms are between you and GolfCard Financial Services, Inc. and our subsidiaries and affiliates (collectively, “GolfCard”, “we”, “us,” and “our”).
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You can use the GolfCard Services to access your GolfCard credit card account (the “Card Account”) and associated credit card (“GolfCard Card”) issued by Celtic Bank (the “Issuer”), the credit card rewards program associated with your GolfCard Account (the “Pure Golf Rewards Program”), and other related third-party services.
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GolfCard is not a bank or credit card issuer, and your Card Account is owned and held exclusively by the Issuer. As the Issuer’s agent, GolfCard provides access to, and manages your Card Account, responds to questions from you, and ensures that you comply with the terms of your Card Account agreement (the “Credit Card Agreement”). You acknowledge that your Card Account and any use of your Card Account is governed solely by the Credit Card Agreement that is provided to you and is available here. Unless we say otherwise in these Terms, or the Issuer provides for in the Credit Card Agreement, GolfCard has no authority to act on behalf of, or represent the Issuer in any way.

Please read these terms carefully. If you do not understand these terms, please contact us at support@thegolfcard.com before creating a GolfCard Account, using the App, or otherwise using the GolfCard Services. We’ve tried to make these terms easy to understand, and we are happy to answer any questions you may have. These Terms are supplemented by the Pure Golf Rewards Program Terms and Conditions, and all other applicable agreements between you and GolfCard. Please also read the GolfCard Privacy Policy carefully for information relating to our collection, use, and disclosure of personal information about you (your “Personal Data”).
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These Terms become effective on the first date you access (including visiting or browsing) the App, sign up for or use your GolfCard Account, or interact with the App, or your GolfCard Account, or otherwise use or access the GolfCard Services. We may modify these Terms as described in Section 9.7. Services provided by third parties that you access through your GolfCard Account and the App may be covered by other terms, conditions, or agreements.
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These terms contain both a mandatory individual arbitration provision and a jury trial and class action waiver provision (the “Arbitration Agreement”), which means that you agree to resolve any disputes or claims between us about these terms and your use of your GolfCard account and the app in arbitration on an individual basis, instead of in front of a jury in a court of law. This also means that you may not participate in a class action lawsuit against us. You should read Section 9 for more details about your dispute rights, including your right to opt out of the Arbitration Agreement.

Using Your GolfCard Account
1. Overview. The App allows you to apply for a Card Account, monitor your Card Account balance, and review and redeem your Pure Golf Rewards Program rewards (“Rewards”).
2. Eligibility. By agreeing to these Terms, you are promising us that: (a) you are at least 18 years old and legal contract age in the jurisdiction where you reside; (b) you have not previously been suspended, removed, or deactivated from your GolfCard Account or your Card Account; (c) you reside in the United States; (d) you possess a mobile device that is compatible with the App; and (e) your use of the App is in compliance with any and all applicable laws and regulations.
3. Creating And Securing Your GolfCard Account. To use the App, you need to create a GolfCard Account first. The information you provide to us when you open, and while you use, your GolfCard Account must be true, accurate, and complete, and you agree to always keep your Personal Data up-to-date. Your right to access and use the App is personal to you, and you may not allow anyone else to access or use your GolfCard Account. You may only create one GolfCard Account. To create your GolfCard Account, you need to pick a username and a password. You are responsible for keeping your GolfCard Account username and your password a secret. You can change your email address or your phone number by logging into your GolfCard Account. If you lose your login or password, or you believe someone has accessed your GolfCard Account without your permission, you agree to notify us immediately by emailing support@thegolfcard.com or call us at 1-888-673-1860. Unless otherwise required by applicable consumer protection laws, we are not responsible for any losses or damages you suffer from your failure to keep your GolfCard Account credentials safe.
4. Protecting your Privacy. It may be obvious, but the GolfCard Services may not be very useful to you if you do not provide us with certain Personal Data about you. To create a GolfCard Account, to use the App, and to otherwise use the GolfCard Services, you must agree to allow us to use your Personal Data as described in the GolfCard Privacy Policy, which allows us, our service providers and partners (“Partners”) to use and maintain your Personal Data to enable us to provide you with the GolfCard Services. We may also receive Personal Data about you from the Issuer, and other third parties with whom you have an account relationship and who you have authorized to share Personal Data with us. That said, your privacy is extremely important to us, and we want you to know that we are committed to protecting your Personal Data from unauthorized disclosure to others. If you still have questions, please contact us at support@thegolfcard.com.
5. Your Relationship with GolfCard. You hereby appoint GolfCard as your designated agent for purposes of these Terms and your Card Account. Among other things, you hereby expressly authorize GolfCard to: (a) perform services through the App; (b) maintain records of your Card Account activity; (c) initiate activity on your Card Account in accordance with your instructions; (d) make Card Account activity information available to third parties necessary to provide the Card Account and the Pure Golf Rewards Program to you; and (e) collect the information necessary to establish your Card Account, including obtaining a credit report about you. We agree to act in accordance with the date, instructions, and directions you enter through the App.
Card Account and GolfCard Card.
1. When you open a GolfCard Account, you will be eligible to apply for a credit card account provided by the Issuer. If the Issuer approves your Card Account application, you can use the App to access and manage your Card Account and your GolfCard Card, view your transaction history and other Card Account information, perform certain transactions, and access various features of your Card Account, your GolfCard Card, and your Rewards. Your use of your GolfCard Account features is governed by these Terms. However, your Card Account, the GolfCard Card and any transactions you make on your Card Account or GolfCard Card (including transactions you initiate through the App) are covered by the Credit Card Agreement.
2. Each time you use the App to access your Card Account you are expressly authorizing GolfCard and the Issuer to act on the instructions we receive from you while you are logged in to your GolfCard Account. We reserve the right to refuse to process transactions or any other actions you authorize through the App if: (a) your credit limit is insufficient to make a payment; (b) the App or your mobile device are not working properly; (c) we are unable to carry out your instructions due to circumstances beyond our control; (d) your Card Account is subject to legal process or other lawful restrictions that prevent us from carrying out your instructions; (e) your instructions are incomplete or inaccurate, or you do not follow the procedures in this or any other agreement you have with us or the Issuer; (f) your login and password have been reported lost or stolen, if we canceled or disabled your login and password, or if we have disabled your GolfCard Account; or (g) we reasonably suspect that you or someone else is using or accessing your GolfCard Account or Card Account for fraudulent or illegal purposes. Please review your Credit Card Agreement for information about additional restrictions on use of your Card Account.
3. GolfCard Rewards. You may use your GolfCard Account to monitor the Rewards you earn in connection with your GolfCard Card. The terms and conditions that apply to GolfCard Rewards are described in the Pure Golf Rewards Program Terms.
Linked Accounts and Third-Party Account Information.
1. Linked Accounts. To enable us to provide certain features of the App, you may direct us to retrieve bank account transaction history and balance information from other bank accounts you own, and other information about you from accounts you maintain with other third parties (each, an “Authorized Bank Account”). When you connect an Authorized Bank Account to your GolfCard Account, you consent for one of our Partners, such as Plaid, to use your Linked Account username and password to retrieve Authorized Bank Account information (“Authorized Bank Account Data”). For your security, we never see or store your Authorized Bank Account username and password. You may only provide account access credentials for and authorize us to access valid accounts that you hold in your own name. You may not provide access credentials for an account that is held by a third person. You must update your GolfCard Account information to reflect any change to the username or password that is associated with any Authorized Bank Account.
  
  We are not responsible for the products and services provided to you by any Authorized Bank Account provider, or for the timeliness, accuracy, deletion, non-delivery, or failure to store any transaction data, communications, personalization settings, or other Authorized Bank Account Data.
2. Third-Party Websites. We may provide links through the App to promotions on Facebook®, Instagram®, Twitter® and LinkedIn® and other social media platforms that enable sharing and collaboration among other GolfCard Users and our Partners. If you share any Personal Data, pictures, opinions, or any other content on those third-party services, you do so at your own risk, and your use of those third-party services is subject to the terms of use and privacy policies of those services, and not ours. You should review those documents to better understand your rights, and the manner in which those third-party services use your Personal Data.
Prohibited Uses; Closing Your GolfCard Account; Effect of Termination.
1. Prohibited Uses. You may only use the GolfCard Services for lawful purposes. You are not allowed to access the App other than with your username and password, and you must follow all of the instructions we provide to you. We may suspend your access to the App or close your GolfCard Account or instruct the Issuer to close your Card Account if: (a) we suspect you are committing fraud or are engaging in illegal activity, (b) you violate these Terms; (c) you act abusively toward us, the Issuer or to other GolfCard Users; (d) we believe we are required to do so by law, or if we are ordered to do so by a regulatory authority; (e) you use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programs, algorithms or methodology to access, acquire, copy or monitor the App or any portion of the App; (f) you post or transmit any file that contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the App; (g) you attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the App; (h) you access or use the App in a way that may infringe upon our trademark, copyright, privacy, or publicity rights or any other intellectual property or the intellectual property rights of any third party; or (i) for any other reason or no reason, at any time.
2. Closing your GolfCard Account. While we certainly hope that you will find great value in the App and remain part of the GolfCard community, we won’t make it hard on you if you decide to move on. To close your GolfCard Account, please email support@thegolfcard.com from the email address you used to register for your GolfCard Account.
3. Effect of GolfCard Account Termination. Important: If we or you close or terminate your GolfCard Account, you may no longer be eligible to make payments through the App, access your Rewards, or use any of the other App features. Upon any termination or suspension of your GolfCard Account, any information that you have submitted, uploaded, or otherwise made available on, to, or through the App, or that is related to your GolfCard Account, may no longer be accessed by you. The Issuer will also initiate closure of your Card Account as set forth in your Credit Card Agreement after we close your GolfCard Account. During this period, you may continue to have access to your Card Account through the App until the Issuer has closed the Card Account. Upon termination, all licenses and other rights granted to you by these Terms will immediately cease. GolfCard is not liable to you or any third party for termination of your GolfCard Account. Except as may be required by applicable law or as provided in the GolfCard Privacy Policy, GolfCard will have no obligation to store or maintain any account information stored in our database or to forward any information to you or any third party.
Use of the Mobile App With Your Mobile Device.

Use of our mobile application is only available to you through a compatible mobile device, and requires you to download, install, and maintain the mobile application. You agree that you are solely responsible for ensuring your mobile device is compatible with the mobile application and for maintaining the mobile application, including any applicable changes and updates to the mobile application, and for complying with the terms of your agreement with your mobile device and telecommunications provider. We make no express, statutory, or implied warranties or representations of any kind as to: (a) the availability of telecommunication services from your provider and access to the app at any time or from any location; (b) any loss, damage, or other security intrusion of the telecommunication services; and (c) any disclosure of information to third parties or failure to transmit any data, communications, or settings connected with the mobile app.
Communications; SMS Consent; Doing Business Electronically
1. Consent to Receive Electronic Notices. We can only provide your GolfCard Account and the App and communicate with you electronically via email, through in-app notifications, or via SMS to your mobile device (such communications are “Notices”). Please see the E-Sign Consent regarding your Card Account here for how the Issuer will deliver notifications to you about your Card Account. We may send you automated and voluntary Notices about your GolfCard Account, your use of the App, or otherwise about the GolfCard Services. You can choose the types of Notices, and the methods we use to notify you through your GolfCard Account settings. You can change your preferences or disable certain types of Notices at any time, but if you disable all types of Notices, we will no longer be able to provide a GolfCard Account to you. We may add new Notice methods or discontinue provision of electronic Notices at any time in our sole discretion. Any Notice we send you will be deemed to have been received by you when sent, whether or not you received the Notice. A Notice is considered to be sent according to the time stamp on GolfCard’s servers indicating the Notice was sent to your preferred Notice method.
2. Consent to Receive SMS Messages and Mobile Phone Calls.
  
  1.      Consent to Receive SMS Messages and Mobile Phone Calls. By providing your mobile phone number in connection with your GolfCard Account, or for marketing, by opting in via an online or application-based form or process, you expressly consent to receive SMS/MMS text messages, prerecorded messages, and autodialed telephone calls from us, our agents, representatives, affiliates, or anyone communicating on our behalf at the phone number you provided. These communications may include service-related information regarding your GolfCard Account; marketing messages about our products, services, and promotions; questions about your use of the App or GolfCard Services; transactional notifications and updates; and other communications related to your account or our services. By providing us your mobile phone number, opting in to receive marketing messages or calls, or both, you agree that: (a) the phone number you provided belongs to you and not someone else; (b) you are authorized to receive calls and text messages at that phone number; and (c) you understand that consent to receive marketing messages is not required to make any purchase from us. Your consent applies regardless of whether the messages are sent using an automatic telephone dialing system, autodialer, or prerecorded/artificial voice technology.
  
  2.      Message Frequency and Costs. Message frequency varies and may include recurring messages. You may receive multiple messages per week, and message frequency may increase during promotional periods or based on your interactions with us. Standard message and data rates may apply to all SMS/MMS messages. You are responsible for all charges from your wireless carrier related to text messages, and such charges may appear on your mobile phone bill or be deducted from your prepaid account balance. We are not responsible for any charges you may incur.
  
  3.      Opt-Out Instructions. You may opt out of receiving SMS messages at any time by replying with any of the following keywords to any message you receive from us: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. Upon receiving your opt-out request, we will send you a confirmation message and you will no longer receive SMS messages from GolfCard. You understand and agree that these text-based opt-out methods are the only reasonable means of opting out. Other methods, including verbal requests to employees or using different keywords, will not be considered valid opt-out requests.
  
  4.      Duty to Update Contact Information. You agree to promptly notify us via email at support@thegolfcard.com or through the App if you stop using your mobile phone number, cancel your wireless service, transfer your phone number to another person, or your mobile phone number changes for any reason. This notification must occur before you discontinue use of the mobile phone number. Failure to provide such notice constitutes a breach of these Terms.
  
  5.      Support. For assistance with our SMS program or to report issues, email us at support@thegolfcard.com.
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3. Delays or Errors. You understand that the Notices we provide you through your GolfCard Account may be delayed or prevented due to circumstances beyond our control. We will do our best to provide Notices to you in a timely manner and with accurate information, but we cannot guarantee the delivery, timeliness, or accuracy of the content of any Notices. We are not liable to you, any Linked Account provider, your Issuer, or Partners, or to anyone else due to: (i) any delays, failure to deliver, or misdirected delivery of any Notices; (ii) any errors in the content of a Notice; or (iii) any actions taken or not taken by you or any other person in reliance on a Notice. If you believe there are any errors on any Notice we provide regarding your Card Account, please see your Credit Card Agreement for how to provide notice. We will never include your password in any Notices we provide. However, Notices from us may include your username and information about your GolfCard Account, your Card Account or your GolfCard Card. Depending upon the Notice method you select, information such as your Card Account balance may be included, and may be visible to anyone who has access to that Notice method.
4. Withdrawing Consent to Receive Electronic Notices. You may withdraw your consent to receive Notices electronically by contacting us at support@thegolfcard.com or call us at 1-888-673-1860 [toll free] . If you withdraw your consent, we reserve the right to limit or close your GolfCard Account. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process it.
Intellectual Property Rights.
1. GolfCard Materials; Feedback. The text, graphics, images, logos, button icons, photographs, editorial content, notices, software and other materials we provide you, including the manner in which we arrange or present them to you (the “GolfCard Materials”) are protected under both United States and other applicable copyright, trademark, and other intellectual property laws. The GolfCard Materials belong to GolfCard, or are licensed to GolfCard by our Partners. We grant you the right to view and use the GolfCard Materials, but we or our Partners retain ownership of the GolfCard Materials at all times. You may download or print a copy of the GolfCard Materials for personal, non-commercial use only. Any distribution, reprint, or electronic reproduction of any GolfCard Materials in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use the GolfCard Materials in a manner that violates any applicable law or these Terms. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the App (“Feedback”), then you hereby grant GolfCard an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty free right to exploit the Feedback in any manner and for any purpose, including to improve the App and create other products and services.
2. Our Rights to Content You Provide. As a GolfCard User, we may allow you to post content on bulletin boards, blogs, social media, and various other publicly available locations on the App. These forums may be hosted by GolfCard or by one of our third-party service providers on our behalf. You agree in posting content to follow certain rules. You are responsible for all content (“Content”) you submit, upload, post or store through the App. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information, and disclosures. We are not responsible for the Content or data you submit through the App. By submitting Content to us, you represent that you have all necessary rights to the Content and you are granting us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the Content in connection with marketing, promotions, and for any other business purpose related to the App. We may redistribute part or all of and derivative works from your Content in any media formats and through any media channels we choose. You also hereby grant each GolfCard User a non-exclusive license to access your posted content through the App, and to use, reproduce, distribute, prepare derivative works of, display, and perform such Content to enable the functionality of the App. You agree not to use, nor permit any third party to use the App to: (a) post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person; (b) post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate; (c) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; or (d) interfere with other GolfCard Users’ use of the App. You are posting Content to the App voluntarily, and posting Content does not create an employee relationship between you and GolfCard. You may not copy or use personal identifying or contact information about other GolfCard Users without their permission. Unsolicited emails, mailings, telephone calls, or other communications to GolfCard Users through the App are prohibited.
No Warranties, Limitation of Liability, and Indemnification.
1. No Warranties. Your access to your GolfCard Account and use of the App may be interrupted due to malfunction of your or our equipment, software updates and maintenance, and other actions that GolfCard, in its discretion, may elect to take from time to time for any reason. We will not be liable to you or anyone else for any loss, cost, or damage that result from any scheduled or unscheduled downtime, or your inability to access the App or your GolfCard Account. Your sole and exclusive remedy for any failure or non-performance of the App will be for GolfCard to use commercially reasonable efforts to restart, reconnect or repair the applicable Services. We make no warranties to you about your GolfCard Account, the App, or the GolfCard Services generally. Except as expressly described in these Terms, we make no representations or warranties of merchantability, fitness for a particular purpose, or any other representations or warranties whatsoever to you regarding your GolfCard Account, your use of the App. or the GolfCard Services generally. The App and the GolfCard Services are provided to you on an “as-is” and “as-available” basis. This means that we do not guarantee that the App or the GolfCard Services will always be available for you to use, or that the transaction information you see in your GolfCard Account is accurate or up-to-date. Some jurisdictions do not allow the limitation or exclusion of implied warranties, so some of the exclusions or limitations may not apply to you.
2. LIMITATION OF LIABILITY. Our liability to you is limited. Except as otherwise provided in these Terms and subject to applicable law, in no event will GolfCard, its owners, directors, officers, agents, or GolfCard partners be liable to you or to anyone else for any lost profits or damages whatsoever, or for any indirect, incidental, special, exemplary, consequential, or punitive damages (“Indirect Damages”), regardless of the legal theory, even if we have been advised of the possibility of such damages, where such damages arose out of: (a) any transaction conducted through or facilitated by the app; (b) any claim attributable to errors, omissions, or other inaccuracies in the service described or provided to you; (c) unauthorized access to or alteration of your transmissions or data; or (d) any other matter relating to the app described or provided to you.
  
  If you are dissatisfied with the App, the GolfCard Services, or with these Terms, your sole and exclusive remedy is to discontinue using the App or the GolfCard Services. If any liability is imposed on GolfCard despite the foregoing limitations, GolfCard's total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) will not exceed $10.
  
  Some jurisdictions do not allow the exclusion of or limitation of liability for Indirect Damages, so the above limitations and exclusions may not apply to you.
3. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless GolfCard, the Issuer, our partners, and our respective officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, attorney’s fees, and all related expenses, whether in tort, contract, or otherwise, that arise out of, relate to, or are attributable, in whole or in part, to your breach of these Terms or any activity by you related to your use of the App, your GolfCard Account, or the GolfCard Services generally.
Additional Terms.
1. General. These Terms, together with the GolfCard Privacy Policy and any other agreements expressly incorporated by reference in this document constitute the entire and exclusive understanding and agreement between you and GolfCard regarding your use of your GolfCard Account,access to the App, and the GolfCard Services generally. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
2. Governing Law. These Terms and any disputes about these Terms will be governed by Delaware law or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within the state of Delaware, without regard to its choice of law or conflicts of law principles that would require application of the law of a different jurisdiction.
3. Severability. Unless any other provision of these Terms state otherwise, and to the extent not prohibited by applicable law, if any court or regulatory authority finds that any part of these Terms is invalid or unenforceable, that finding will not affect the validity or enforceability of the rest of the Terms.
4. Assignment. Except when prohibited by law, we may assign your GolfCard Account and our rights under these Terms in whole or in part to a third party without your permission, and the entity to whom we sell, transfer, or assign your GolfCard Account and these Terms will take our place. This means that if we merge with another company or sell the company, these Terms will still apply to you. These Terms apply only to you, and you may not transfer your GolfCard Account to anyone else.
5. Waiver of Rights; Delay in Enforcement. If we do not enforce, or if we delay enforcing any of our rights under these Terms, we will not lose those rights. We may also decide to waive one or more of our rights without Notice to you, but doing so does not waive our right to enforce those rights at a later date.
6. Terms That Will Survive After These Terms are Terminated. Some of these Terms will remain in effect even after you have stopped using the App and have closed your GolfCard Account. These terms include Section 7 (Intellectual Property), Section 8 (No Warranties, Limitation of Liability, and Indemnification), 9.2 (Governing Law), Section 9.3 (Severability), Section 9.5 (Waiver of Rights; Delay in Enforcement), this Section 9.6, and Section 10 (Arbitration; Jury Trial and Class Action Waiver).
7. Modification of these Terms. We reserve the right to change these Terms at any time, or to temporarily or permanently discontinue the App with or without notice to you. We also reserve the right to change the features of the App at our discretion. We will notify you of any changes to the Terms via email or through your GolfCard Account, and the Terms will always indicate the date the Terms were last revised. If you don’t like the changes we make, you should stop using the App and close your GolfCard Account. By continuing to use the App after we notify you of any changes to these Terms, (a) you are letting us know that you agree to the changes, in the same manner as you did when you first agreed to these Terms; and (b) we will not be liable to you or anyone else for any modification, suspensions, or discontinuance of the App.
8. Contact Information. If you have any questions regarding the App, your GolfCard Account, or these Terms please email us at support@thegolfcard.com or call us at 1-888- 673-1860 [toll free].
9. Force Majeure. We are not liable to you for our failure to provide the App, the GolfCard Card, the Rewards Program that was caused by computer failure or electronic transmission failure, strikes, civil disturbance, terrorism, public health emergencies, war, or any other event beyond our control.
10. Telephone Monitoring. We and our Partners may listen to and record telephone calls with you in connection with your use of the App and your GolfCard Account.
Arbitration; Jury Trial and Class Action Waiver.
1. This Section 10 constitutes your agreement to arbitrate (“Arbitration Agreement”) all disputes arising under or in connection with these Terms and your relationship with us (collectively, a “Claims”). This includes Claims made by us against you, by you or anyone connected to you against us, the Issuer, a Partner, or any of our subsidiaries, affiliates, agents, employees, predecessors, successors, or assignees. Arbitration is often used to resolve Claims more efficiently than a trial, particularly where the amount of the Claims is small (lawyers are expensive!) YOU ARE WAIVING THE RIGHT TO LITIGATE A CLAIM IN COURT AND TO HAVE A JURY TRIAL ON ANY CLAIM. ANY ARBITRATION UNDER THESE TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATIONS WITH OTHER ARBITRATIONS ARE NOT PERMITTED. AN ARBITRATOR CAN AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR AS A PRIVATE ATTORNEY GENERAL RELATING TO ANY CLAIM.
2. All Claims will be decided finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (“AAA”) according to this provision and the applicable AAA rules, which may limit the discovery available to you or to us. You can obtain copies of the AAA rule and forms by contacting AAA at 1-800-778-7879 or www.adr.org. Any arbitration hearing that you attend will take place in the federal judicial district where you reside as of the date you execute this Agreement. The arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”) and applicable statutes of limitations and will honor claims of privilege recognized at law.
  
  The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s Claims. The arbitrator’s decision and judgment criteria will not have a precedential or collateral estoppel effect on Claims asserted by any individual or entity who was not party to the arbitration. If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). This Arbitration Agreement will be governed by the FAA. If a court or arbitrator decides that this Arbitration Agreement cannot be enforced as to a particular Claim for relief, then that Claim (and only that Claim) must be severed from the arbitration and may be brought in court. Individual Claims filed in small claims court are not subject to this Arbitration Agreement as long as the Claim remains in small claims court. The arbitrator alone will have the authority to interpret the scope and enforceability of this Arbitration Agreement, except that any Claim concerning the scope or enforceability of the prohibition on class, collective, or representative Claims, or Claims in arbitration for public injunctive relief, will be resolved by the state and federal courts in city and county of San Francisco, California in accordance with California law.
3. ARBITRATION OPT-OUT: YOU MAY OPT OUT OF RESOLVING DISPUTES BY ARBITRATION BY EMAILING US AT SUPPORT@THEGOLFCARD.COM WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS AND TELLING US YOU WOULD LIKE TO OPT OUT OF MANDATORY ARBITRATION. YOU MUST INCLUDE YOUR FIRST AND LAST NAME, YOUR MAILING ADDRESS, YOUR EMAIL, AND YOUR MOBILE PHONE NUMBER IN THE EMAIL.
Apple Store Terms and Conditions.
If you downloaded the App from the Apple App Store, the following terms also apply to you:
1. Acknowledgement: You acknowledge that these Terms are between you and GolfCard only, and not with Apple; and GolfCard, not Apple, is solely responsible for the App and the content thereof.
2. Scope of License: The license granted to you for the App is a limited, non-transferable license to use the App on a Mac product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.
3. Maintenance and Support: GolfCard and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
4. Warranty: GolfCard is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be GolfCard’s sole responsibility.
5. Product Claims: GolfCard, not Apple, is responsible for addressing any GolfCard User or third party claims relating to the App or the GolfCard User’s possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, GolfCard, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Contact Info: Email any questions, complaints or claims to support@thegolfcard.com or call us at 1-888-673-1860 [toll free].
9. Third-Party Terms of Agreement: You must comply with any applicable third-party terms of agreement when using the App.
10. Third-Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.