4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email. You may on occasion receive notices from any of the entities of Pacific Golf Group, including ClickitGolf and More Golf Today.
6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
9. Paid Subscriptions and Credits
Subject to the applicable Additional Terms, we provide some of the Company Services to you free of charge and other Services require payment. We may charge a fee for any portion of the Company 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 Company 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 Company Services after a fee has been imposed or increased, you agree to pay the fee or increase.
Some Company Services require paid subscriptions to access. If you sign up for a subscription, you agree that your subscription may be automatically renewed and, except as otherwise stated in applicable Additional Terms, unless you cancel your subscription, you authorize us to charge your payment method for the next subscription period. If you terminate a subscription, you may be responsible for the full amount of the subscription payments for the subscription period in which your termination was effective.
When you provide payment information, you represent and warrant that the information is accurate and that you are authorized to use the payment method provided.
If you do not pay any fees when due, (i) you remain liable for the fees as well as any costs we incur in collecting the fees, including attorney and collections fees, (ii) you authorize us to continue charging your chosen payment method and (iii) we may suspend or terminate your access to the Company Services.
a. Digital Items
Purchases of usage subscriptions and other virtual currency including credits, points and any virtual items available on the Company Services (collectively “Digital Items”) are non-refundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a non-exclusive, revocable, non-assignable and non-transferable right to use the Digital Item. All Digital Items are our Content and you have no proprietary or monetary interest in your Digital Items. We may immediately suspend or terminate your rights to Digital Items in our sole discretion without notice or liability. We may establish limits on Digital Items like expiration dates or maximum amounts. We may also modify Digital Items in our sole discretion, and such modifications may make the Digital Items more or less valuable or functional.
You may not transfer, sell, purchase, barter, or trade Digital Items or attempt or offer to do so. Any attempted transfer will be null and void. If we suspend or terminate your Digital Items, you forfeit those Digital Items except as may be set forth in Additional Terms (such as refund policies that may apply to a subscription service). Except as may be set forth in Additional Terms or as required by applicable law, we are not responsible for repairing or replacing any modified, suspended or terminated Digital Items or for providing any credit, refund or other sum related to Digital Items.
b. Payment Processors
c. Right of Cancellation
Depending on your location, applicable law may grant you a right to cancel Company Services (including subscriptions) that you purchase. If applicable law grants you such a right (e.g., for users in the European Union,) then the following terms in this “Right of Cancellation” section apply to you. This section does not apply to other users and does not create or convey to you any rights in addition to the rights you may have under applicable law.
If you purchase a subscription to one of the Company Services, you have the right to cancel your contract and receive a full refund of the subscription fee for those Company Services provided that you cancel those Company Services within 14 days of the day we accept your order, or until you start downloading or streaming any Content under the subscription, if earlier. For semi-annual and annual subscriptions, if we receive your notice of cancellation within 21 days after the first day of your initial billing, you will receive a refund of the subscription fee. If we refund your subscription fee, you will still be required to pay any other charges incurred. If you wish to cancel, you must follow the cancellation instructions for the particular Company Service.
When you purchase a license to access, view or download Content or Digital Items, you may be given an opportunity to consent to the access, streaming or download at the time of purchase. If you provide this consent, you will lose your right to cancel and the license purchase fee may not be refunded.
d. Promotional Codes
Promotional codes for certain Company Services or Content may be available, including as part of promotions by third parties. You may redeem promotional codes according to the rules for that promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may not be combined with other offers. If you received a promotional code through an offer by a third party, additional conditions may apply.
e. Trial Periods
We may provide a limited free trial period (“Trial Period”) to certain users regarding certain Company Services. We are not required to offer Trial Periods and we determine your eligibility for a Trial Period in our sole discretion. Trial Periods may be subject to Additional Terms.
If we provide you with a Trial Period, then you must provide valid payment method information in order to use the applicable Company Services during the Trial Period. We will not charge you for those Company Services subject to a Trial Period. If you do not cancel the applicable Company Services by the end your Trial Period, you authorize us to automatically charge your payment method for Company Services subsequent to the Trial Period (e.g., for each of the following payment periods for a subscription until terminated). WE MAY NOT SEND YOU NOTICE THAT YOUR TRIAL PERIOD HAS ENDED OR THAT YOUR PAYMENTS HAVE BEGUN. IF YOU WISH TO AVOID CHARGES ATO YOUR PAYMENT METHOD, YOU MUST CANCEL THE TRIAL PERIOD PRIOR TO THE END OF YOUR TRIAL PERIOD. You may only have one Trial Period for an Company Service before you must begin paying for that Company Service. If you exceed this limit, we may charge your chosen payment method for any Trial Period after the first or suspend your use of the Company Services, in our sole discretion.
10. Wireless and Location-Based Features; Social Media Plug-ins
a. Wireless Features.
The Company Services may offer certain features and services that are available via your wireless device, such as the ability to access certain features, receive messages from the Company Services, upload content to the Company Services or download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features, certain Wireless Features may be incompatible with your carrier or wireless device and your carrier may charge you fees based on your use of the Wireless Features. We are not responsible for any charges from your carrier or other third parties.
If you register for any Wireless Features, you agree that (i) we may send communications to your device regarding us or other parties in connection with those Wireless Features and (ii) you will update your account on the Company Services to notify us of any changes to your wireless contact information (including phone number).
11. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN CERTAIN RESULTS USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN POTENTIAL AS WELL AS EXECUTING YOUR ABILITIES. YOUR GOLFING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN EXECUTION, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR GOLF GAME; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR PHYSICAL WELL BEING, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR GOLF LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
13. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
14. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
16. This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Orange County, California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Last Updated: June 16, 2020