This TOU provides to You a personal, revocable, limited, non-exclusive, non-sublicensable, and nontransferable license to use and access the Platform solely for Your personal, internal business and informational use as specifically described herein, conditioned on Your continued compliance with this TOU.

When using the Platform in accordance with the foregoing license, You shall not directly or indirectly: (a) use the Platform to create any service, software or documentation that performs substantially the same functionality as the Platform; (b) disassemble, decompile, reverse-engineer or use any other means to attempt to discover any source code, algorithms, or trade secrets underlying the Platform or any of its components; (c) encumber, sublicense, transfer, distribute, rent, lease, time-share or use the Platform in any service bureau arrangement or similar commercial purposes; (d) adapt, combine, create derivative works of or otherwise modify the Platform; (e) disable, circumvent, or otherwise avoid or undermine any security device, mechanism, protocol, or procedure implemented in the Platform; (f) use or access the Platform for any unlawful, fraudulent, deceptive, malicious, or otherwise harmful or injurious purpose; (g) remove, obscure, deface, or alter any proprietary rights notices on any element of the Platform or accompanying documentation; (h) use the Platform in any manner which could damage, disable, overburden, or impair the Platform or interfere with any third party’s authorized use of the Platform; (i) engage in any “data mining,” “deep-link,” “page-scrape,” or use “bots,” “spiders,” or similar data gathering and extraction tools or methods in connection with the Platform; or (j) probe, scan, or test the vulnerability of the Platform or any systems or network infrastructure connected with the Platform, including without limitation by stress testing or penetration testing.

You understand, acknowledge, and agree that the operation of certain features of the Platform may require or involve the provision, use, and dissemination of various items of personally identifiable information, including without limitation personal contact information. Please refer to the GolfCard General Privacy Policy available at PRIVACY POLICY URL HERE as may be updated by GolfCard from time to time), for a summary of GolfCard’s policies and practices regarding personally identifiable information.

All materials and information included as part of the Platform, including without limitation all content, text, graphics, logos, and images made available on the Platform, as well as the compilation thereof, and any software or other proprietary materials used on or integrated with the Platform, are the property of GolfCard or its applicable third-party licensors, and are protected by copyright and other laws governing intellectual property and proprietary rights. GolfCard reserves all rights in the Platform not expressly granted herein.

You agree that You do not acquire any ownership rights in any part of the Platform under this TOU or through Your use of the Platform. GolfCard does not grant You any rights or licenses, express or implied, to any intellectual property hereunder except as specifically authorized by this TOU.

The Platform offers various tools or display functionality that may be accessible via Your mobile phone or other mobile computing device. Please note that Your mobile carrier’s normal messaging, data, and other rates and fees will apply to Your use of the Platform. In addition, downloading, installing, or using the Platform on Your mobile device may be prohibited or restricted by Your mobile carrier, and not all functionality on the Platform will work with all carriers or devices or in all locations. Therefore, You are solely responsible for: (i) checking with Your mobile carrier to determine if the Platform is available for Your mobile devices; (ii) the restrictions, if any, may be applicable to Your use of the Platform; and (iii) determining and keeping track of the network and data fees or similar charges associated with such use.

“Feedback” means any feedback, recommendations, enhancement requests, suggestions, testimonials, endorsements, or ideas for improvement communicated to GolfCard by You regarding the Platform or GolfCard’s products and services. From time to time, You may voluntarily provide Feedback to GolfCard, whether or not in response to specific requests or solicitation by GolfCard. In such event, You grant to GolfCard a perpetual, irrevocable, fully transferable, freely sublicensable, royalty-free, worldwide license to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit such Feedback for any purpose in GolfCard’s discretion without restriction. The foregoing license to Feedback shall survive the termination or expiration of this TOU for any reason.

You agree to indemnify, defend and hold harmless GolfCard and its officers, directors, employees, agents, successors, and assigns from and against any losses, costs, liabilities, damages, and expenses (including reasonable attorney's fees) relating to or arising out of Your violation of (a) this TOU, (b) any personal or proprietary rights of a third party, or (c) any applicable laws, rules, or regulations. GolfCard reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with GolfCard in asserting any available defenses.

GOLFCARD DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND TO THE  MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, GOLFCARD HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT GOLFCARD MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE WHATSOEVER REGARDING THE QUALITY, ACCURACY, EFFECTIVENESS, LEGALITY, RELIABILITY, OR TIMELINESS OF ANY SERVICES, CONTENT, OR INFORMATION MADE AVAILABLE IN CONNECTION THEREWITH OR ANY RESULTS OBTAINED THEREFROM. YOU AGREE THAT YOUR USE OF AND ACCESS TO THE PLATFORM ARE ENTIRELY AT YOUR OWN RISK, AND THAT YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR THE RESULTS OF SUCH USE AND ACCESS, SUCH THAT GOLFCARD SHALL HAVE NO LIABILITY OR RESPONSIBILITY THEREFOR UNDER ANY LEGAL THEORY OR CAUSE OF ACTION NOW KNOWN OR HEREAFTER ESTABLISHED. IN NO EVENT SHALL GOLFCARD BE LIABLE HEREUNDER, REGARDLESS OF THE FORM OF CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE), FOR ANY LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS, OR SERVICES, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, REVENUES, PROFITS AND/OR GOODWILL, EVEN IF SUCH DAMAGES WERE REASONABLY FORSEEABLE OR IF GOLFCARD WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE INSUFFICIENCY OR FAILURE OF ANY REMEDY PROVIDED HEREIN. CERTAIN JURISDICTIONS AND LAWS MAY NOT PERMIT SOME OR ALL OF THE DISCLAIMERS OF LIABILITY SET FORTH IN THIS SECTION. IN THE EVENT THAT SUCH A JURISDICTION OR LAW APPLIES TO THE SUBJECT MATTER OF THIS TOU, THE FOREGOING DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

The content and information contained in or made available through the Platform (including but not limited to any reports, graphics, statistics, methodologies, illustrations, or practices disclosed therein) cannot replace or substitute for the services of qualified professionals in any field, and nothing contained on the Platform should be treated or construed as professional financial, tax, medical, psychological, or legal matters. You acknowledge that You are solely responsible and accountable for Your decisions, actions, and results regarding real estate and finances, tax, and personal health, and agree that GolfCard shall not be held liable for any decisions made by You in reliance or with reference to any content or information that You access on the Platform.

This TOU takes effect (or re-takes effect) at the moment You first access, use, install, and/or log into the Platform. GolfCard reserves the right at any time and on any grounds, including without limitation any reasonable belief of fraudulent or unlawful activity, to deny or suspend Your access to the Platform, or to any portion thereof, in order to protect its name and goodwill, its business, its ownership and other rights in the Platform or any content or information therein, the security and stability of the Platform, and/or the rights of others. This TOU terminates automatically if You fail to comply with any provision hereof, subject to the survival rights of certain provisions identified below. You may also terminate this TOU at any time by ceasing to use the Platform, but each re-access or renewed use of the Platform will reapply the TOU to You. Upon termination or expiration of the TOU for any reason, all licenses granted by GolfCard hereunder shall immediately terminate, and You must immediately cease all use of the Platform.

The provisions of this TOU concerning GolfCard’s proprietary rights, Feedback, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, indemnification rights, arbitration, class action waiver, injunctive relief, and governing law will survive the termination of this TOU for any reason.

Without limiting the foregoing, GolfCard reserves the right, in its sole discretion, to terminate or suspend Your access to the Platform or any feature or portion thereof at any time, without notice to You, if GolfCard reasonably determines or suspects that You are in violation of this TOU.

In the event the parties hereto are not able to resolve any dispute between them arising out of or concerning this TOU, or any provisions hereof, whether arising in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved exclusively through final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered under the Commercial Arbitration Rules of the American Arbitration Association. The exclusive site of such arbitration shall be in New York, New York. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. The prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of this TOU for any reason. Notwithstanding the foregoing, GolfCard may bring a claim for injunctive relief against Your violation of this TOU in any court of competent jurisdiction.

BY USING THE PLATFORM AND AGREEING TO THESE TERMS, YOU HEREBY WILLINGLY, EXPRESSLY, AND KNOWINGLY WAIVE ALL RIGHT TO BRING OR PARTICIPATE IN ANY CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THIS TOU OR YOUR USE OF THE PLATFORM. YOU MAY NOT BRING ANY CLAIM, SUIT, OR OTHER PROCEEDING TO ENFORCE THIS TOU AS THE MEMBER OF ANY CLASS OR AS PART OF ANY SIMILAR COLLECTIVE OR CONSOLIDATED ACTION.

This TOU is governed by the laws of the State of New York, without reference to its principles of conflict of laws. Subject to the foregoing arbitration requirements, any claim, suit, or other proceeding brought between the You and GolfCard under this TOU shall be adjudicated exclusively in the state and federal courts sitting in New York, New York, and You hereby expressly submit to such jurisdiction for the final resolution thereof.

The Platform may not be used or accessed from or in any jurisdiction that does not give effect to all provisions of this TOU, including without limitation this paragraph.

The relationship between You and GolfCard under this TOU is that of independent contractors, and nothing herein or in Your use of the Platform shall be construed as creating any joint venture, partnership, employment, or agency relationship.

GolfCard reserves the right to view, monitor, and record Your activity on the Platform without notice or permission from You. GolfCard’s provision of the Platform is subject to existing laws and legal process, and nothing contained herein shall restrict or reduce GolfCard’s ability to comply with governmental, court, and law enforcement requests or requirements involving Your use of the Platform or information provided to or gathered by GolfCard with respect to such use.

You represent and warrant that You are not: (a) located in a country that is subject to a U.S. government embargo or sanction; or (b) listed on any U.S. government list of prohibited or restricted parties. You hereby agree that (i) You will comply with all applicable sanctions and export control laws, and (ii) You are solely responsible for ensuring that the Platform is used, disclosed, and/or accessed only in accordance with all applicable sanctions and export control laws.

If any part of this TOU is determined to be invalid or unenforceable pursuant to court order or other operation of applicable law, such provision shall be deemed reformed or severed from this TOU to the minimum extent required by such order or law, and the remainder of this TOU shall continue in full force and effect to the maximum extent permitted under applicable law.

GolfCard’s failure to insist on strict performance of any of this TOU will not operate as a waiver of any subsequent default or failure of performance by You. No waiver by GolfCard of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

You acknowledge that any breach, threatened or actual, of this TOU would cause irreparable injury to GolfCard not readily quantifiable as money damages, such that GolfCard would not have an adequate remedy at law. You therefore agree that GolfCard shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any such breach of Your obligations, without the necessity of posting bond or other security.

Please note that GolfCard reserves the right to change the terms and conditions of this TOU by posting a revised set of terms or mailing and/or e-mailing notice thereof to You. In addition, GolfCard may add, modify, or delete any aspect, component, or feature of the Platform, but GolfCard is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Platform following any announced change will be deemed as conclusive acceptance of any change to the TOU.  

Accordingly, please review the TOU on a periodic basis.

If You have any questions regarding this TOU, please contact GolfCard at hello@thegolfcard.com