TERMS
OF USE
Last Updated on 21-May-2025
1. INTRODUCTION
This website, along with the products and services offered
on this website (collectively, the “Services”)
are made available to you in accordance with these terms and conditions of use
(the “Terms”) by GOLFdistrict
Inc. (“GOLFdistrict”,
“we”, “our”, “us”). These
Terms, together with our Privacy Policy and all supplemental terms (as amended from time to time),
policies and other documents that are expressly referenced in these Terms
govern your use of the Services.
Please read
these Terms carefully. These Terms form a legally binding
contract between you and us. By downloading, accessing or otherwise using any
Services in any way, you agree to be bound by these Terms.
We may change these Terms to reflect: (a) changes in
applicable laws; (b) regulatory or security requirements; (c) relevant guidance
or codes of practice; (d) technical alterations to the Services; (e)
improvements for clarity and consistency; or (f) any other reason within our
sole discretion.
Please check these Terms frequently. We will treat your
continued use of the Services as acceptance of any changes made to the Terms
from the previous version. If you do not agree with the changes
you should stop using the Services.
2.
ARBITRATION NOTICE
In most cases if there is a dispute
between us, it will be arbitrated. Additional details are below in the
“MANDATORY ARBITRATION” Section.
3. USE RESTRICTIONS
You may use the Services only for lawful purposes and in
accordance with these Terms. You agree not to use the Services:
● In any way that violates or assists you in violating any
applicable national or international law, rule, statute, regulation, by-law,
order, protocol, code, decree, or other directive, requirement, or guideline,
including, without limitation, any of the foregoing relating to anti-money
laundering, anti-terrorism, and anti-corruption.
● For the purpose of exploiting, harming, or attempting to exploit or harm
minors in any way.
● For the purpose of exploiting any known faults or bugs in the Services.
● To manipulate the price of any listing or interfere with any
other user’s listings.
● To create listings, post or upload content that is
inappropriate to the category or area of listing, or for which you do not have
the right to create such listing.
● To engage in improper or abusive trading practices.
● To engage in gambling.
● To impersonate or attempt to impersonate GOLFdistrict,
a GOLFdistrict employee, officer or agent, another
user, or any other person or entity.
● In any way that infringes upon the rights of others, or in
any way is illegal, threatening, fraudulent, or harmful, or in connection with
any unlawful, illegal, fraudulent, or harmful purpose or activity.
● To engage in any other conduct that restricts or inhibits
anyone’s use or enjoyment of the Services, or which, as determined by us, may
harm or offend GOLFdistrict or users of the Services
or expose them to liability.
Additionally, you agree not to:
● Use the Services in any manner that could disable,
overburden, damage, or impair the Services or interfere with any other party’s
use of the Services, including their ability to engage in real time activities
through the Services.
● Modify, reverse engineer, decompile, prepare derivative
works of, disassemble or otherwise attempt to gain access to the source code of
the Services.
● Use any information derived from the Services to copy,
duplicate or create any offerings which compete with or are otherwise similar to the Services.
● Use manual or automated means to scrape, pull, copy or
otherwise obtain data or information from the Services, including for purposes
of training AI models, creating products or services, or for any other
purposes.
● Use any robot, spider, or other automatic device, process,
or means to access the Services for any purpose, including monitoring or
copying any of the material on the Services.
● Use any manual process to monitor or copy any of the
material on the Services or for any other unauthorized purpose without our
prior written consent.
● Use any device, software, or routine that interferes with
the proper working of the Services.
● Introduce any viruses, trojan horses, worms, logic bombs, or
other material which is malicious or technologically harmful.
● Attempt to gain unauthorized access to, interfere with,
damage, or disrupt any parts of the Services, the server on which the Services
are stored, or any server, computer, or database connected to the Services.
● Attack the Services via a denial-of-service attack or a
distributed denial-of-service attack.
● Otherwise attempt to interfere with the proper working of
the Services.
● Share, sell, or buy Accounts.
● Persuade or attempt to persuade (including procuring others
to persuade) other users to share any Account information.
We will report any such breach to the relevant law
enforcement authorities, as applicable, and we will cooperate with those
authorities by disclosing your identity to them in accordance with our Privacy
Policy.
4. ELIGIBILITY
You must be at least
18 years of age (or the age of legal majority where you live) to use our
Services. If you are under 18 years of age (or the age of legal majority where
you live), you may use our Services only under the supervision of a parent or
legal guardian who agrees to be bound by these Terms. If you are a parent or
legal guardian of a user under the age of 18 (or the age of legal majority),
you agree to be fully responsible for the acts or omissions of such user in
relation to our Services.
You may need to
register for a user account with GOLFdistrict or a
payment account with one of the third-party payment processors used by GOLFdistrict to access some or all of
the Services. If you register for an account in connection with the Services,
you must provide accurate account information and promptly update this
information if it changes. You also must maintain the security and
confidentiality of your login credentials, and
promptly notify us if you discover or suspect that someone has accessed your
account without your permission. We reserve the right to reclaim account
usernames, including on behalf of businesses or individuals that hold legal
claim, including trademark rights, to those usernames.
6. USER CONTENT
Our Services allow you and other users to
create, post, store and share content, including but not limited to messages,
text, photos, graphics, videos, and other materials (collectively, “User Content”). Except for the license
you grant below, you retain all rights in and to your User Content, as between
you and GOLFdistrict.
You grant GOLFdistrict
a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid,
and sublicensable license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, publicly perform and display your
User Content and any name, username or likeness provided in connection with
your User Content in all media formats and channels now known or later
developed without compensation to you. The use of your or any other user’s
name, likeness, or identity in connection with the Services does not imply any
endorsement thereof unless explicitly stated otherwise. When you post or
otherwise share User Content on or through our Services, you understand that
your User Content and any associated information (such as your username or
profile photo) may be visible to others. GOLFdistrict
uses third parties to provide services such as payment processors. When you
provide User Content in connection with these third-party tools, you may be
sharing User Content with these third parties.
You may not create, post, store or share any
User Content that violates these Terms or for which you do not have all the
rights necessary to grant us the license described above. You represent and
warrant that your User Content, and our use of such content as permitted by
these Terms, will not violate any rights of or cause injury to any person or
entity. You will not (and will not allow or authorize any third-party to) post,
upload to, transmit, distribute, store, create, solicit, disclose, or otherwise
publish through the Services any User Content that:
●
Is unlawful, libelous,
defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing,
threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
●
Is, in GOLFdistrict’s judgment, disrespectful, inappropriate, or
may expose GOLFdistrict, our users or others to harm
or liability;
●
May infringe the
patent, trademark, trade secret, copyright, intellectual, privacy or
proprietary right of any party;
●
Would constitute,
encourage or provide instructions for a criminal offense, violate the rights of
any party or otherwise create liability or violate any local, state, national
or international law;
●
Includes any
statements or claims that do not reflect your honest views and experiences;
●
Contains any
unsolicited marketing promotions, political campaigning, advertising, or solicitations;
●
Contains any private
information of any third parties, including addresses, phone numbers and
payment card information; or
●
Contain viruses,
corrupted data or other harmful, disruptive, or destructive files.
GOLFdistrict assumes no responsibility to actively monitor
User Content and does not endorse any User Content. Although GOLFdistrict has no obligation to screen, edit or monitor
User Content, we may delete or remove User Content at any time and for any
reason with or without notice.
7. FEES AND TAXES
In the event you create
a listing to sell a tee time, we may charge you a fee equal to a certain
percentage of the final sales price. We may change our selling fees from time
to time by posting such changes in the Services in advance, provided that no notice
is required for temporary promotions and any changes that result in the
reduction of fees. If you are purchasing a tee time, all applicable service
charges and fees are reflected in the sales price, and any applicable taxes
will be calculated and reflected as part of the checkout process.
If you are selling a tee
time, you are liable for fees arising out of all sales made using some or all of the Services, even if sales terms are finalized or
payment is made outside of the Services. As a selling party, you must have a
payment method on file when using the Services and pay all fees and applicable
taxes associated with your use of the Services by the payment due date. If your
payment method fails or your account is past due, we may place restrictions on
your account. As a selling party, you may cash out of payments made to you
through by connecting your seller account with our third-party payment
processor.
8. LISTING A TEE TIME
When listing a tee time
for sale, you agree to the following:
● You assume full responsibility for the tee time listed and the accuracy and content of the listing.
● You have the full right to create the listing and sell the tee time featured on the listing.
● Your listing may not be immediately searchable by other users.
● We do not make any representations or guarantees that your listing will sell or that you will make your desired amounts from such listings.
● Listings that violate our Terms may be modified or deleted in our sole discretion.
● We may revise a listing to supplement, remove or correct information.
● We may publish and promote your listing, including information such as your username, profile link, feedback and reviews.
9. PURCHASING A TEE TIME
When purchasing a tee
time using the Services, you agree to the following:
● You are responsible for reading the full listing of the tee time before making a bid or offer or otherwise committing to purchase the tee time.
● You are purchasing the tee time on behalf of yourself and not for resale or any other purposes.
● You enter into a legally binding contract to purchase the tee time when you buy the tee time, commit to buy the tee time, your offer for the tee time is accepted, you have the winning bid for a tee time, or your bid for the tee time is otherwise accepted, regardless of when payment is due or received.
● There are no refunds or cancellations once you have purchased or otherwise committed to purchase a tee time.
Tee times bought and resold through Golf
District—an approved technology partner—are verified and supported because they
sync directly with the golf course’s official tee sheet. Reselling through
unaffiliated platforms may not be compatible with course systems and could
result in an invalid booking.
If you wish to make any
changes to a tee time you have purchased through the Services, including
changing the name listed on the reservation, you must make any such changes in
your account or by contacting GOLFdistrict. Any
changes made to a tee time purchased through the Services not made directly
with GOLFdistrict may cause your tee time to be
incorrect or cancelled.
The Services, including the text, graphics,
images, photographs, videos, illustrations and other content contained therein,
are owned by GOLFdistrict or our licensors and are protected under both
United States and foreign laws. Except as explicitly stated in these Terms, all
rights in and to the Services are reserved by us or our licensors. Subject to
your compliance with these Terms, you are hereby granted a limited,
nonexclusive, nontransferable, non-sublicensable, revocable license to access
and use our Services.
Except as provided in these Terms, any use or reproduction of the Services or
intellectual property therein is strictly prohibited. In the event of any
breach of these Terms, your right to use and licenses granted in these Terms
will cease immediately without notice from us.
GOLFdistrict may revoke or terminate your access or use the
Services for any reason without notice at GOLFdistrict’s sole discretion. Without limiting the
generality of the foregoing, we may revoke or terminate your access or use of
the Services if you: (i) breach any obligation in
these Terms or in any other agreement between you and us, (ii) violate any
policy or guideline applicable to the Services, or any other GOLFdistrict product or service, or (iii) use the Services
other than as specifically authorized in these Terms, without our prior written
permission. You will stop accessing or using the Services immediately if GOLFdistrict suspends or terminates your access or use the
Services. GOLFdistrict reserves the right, but does not undertake any duty, to take
appropriate legal action including the pursuit of civil, criminal, or
injunctive redress against you for continuing to use the Services during
suspension or after termination. GOLFdistrict may recover its reasonable attorneys’ fees and
court costs from you for such action. These Terms will remain enforceable
against you while your access or use the Services is suspended and after it is
terminated.
The Services and any original content, features and
functionality thereon are and will remain the exclusive property GOLFdistrict and our licensors. Unless explicitly stated
herein, nothing in these Terms shall be construed as conferring any license to
intellectual property rights, whether by estoppel, implication, or otherwise.
The Services are protected by copyright, trademark, and other laws. Our
trademarks and trade dress may not be used in connection with any product or
service without our prior written consent.
You hereby grant to us
a royalty-free, fully paid-up, perpetual, irrevocable, worldwide,
sublicensable, transferable, non-exclusive license to use, copy, modify, create
derivative works of, display, perform, publish and distribute, in any form,
medium or manner, whether now existing or hereafter created, any content that
is available to us or other users as a result of your use of the Services, and
you hereby represent and warrant that (a) you have the full right and authority
to grant such license, and (b) such content and our use of the same does not
and will not infringe, misappropriate or otherwise violate the intellectual
property or other proprietary rights of any third party.
You may voluntarily post, submit or otherwise
communicate to us any questions, comments, suggestions, ideas, original or
creative materials or other information about GOLFdistrict
or our Services (collectively, “Feedback”). You hereby grant GOLFdistrict a worldwide,
irrevocable, perpetual, royalty-free license to use such Feedback for any
purpose, commercial or otherwise, without acknowledgment or compensation to
you, including, without limitation, to develop, copy, publish, or improve the
Services by using the Feedback in GOLFdistrict’s
sole discretion. You understand that GOLFdistrict may treat Feedback
as nonconfidential.
14. FUNCTIONING OF THE SERVICES
We will use reasonable endeavors to maintain the operation
of the Services and rectify faults as quickly as possible. We reserve the right
to modify, including by way of regular updates, the Services and we may have to
suspend operation of any Services without notice for repair, maintenance,
improvement, security or any other reason. If so, we will do our best to ensure
that the suspension is as short as possible. You acknowledge and agree that we
will not be liable or responsibility for any suspensions, interruptions or
errors caused by circumstances outside of our reasonable control, including any
responsibility or liability arising from your inability to complete a purchase
or sale due to any such suspension, interruption or error.
We cannot guarantee that any Services will work on or be
compatible with or capable of being accessed on any particular
devices, platforms, operating systems or equipment, or in conjunction
with any particular non-GOLFdistrict
approved software or connectivity services. We do not accept responsibility for
such equipment, software or services. We also do not guarantee that the
Services can be accessed in all geographic locations.
15. THIRD PARTY SITES AND
TECHNOLOGIES
THE SERVICES MAY INCLUDE TECHNOLOGIES SUPPLIED BY THIRD
PARTIES. WE MAKE NO PROMISES ABOUT THOSE THIRD-PARTY TECHNOLOGIES, PRODUCTS OR
SERVICES AS THESE ARE OUTSIDE OUR REASONABLE CONTROL.
ANY THIRD-PARTY TECHNOLOGIES SUGGESTED ARE NOT ENDORSED,
CONTROLLED OR VERIFIED BY US. ANY SUGGESTIONS MADE ARE NOT A WARRANTY OF ANY
KIND AND WE ARE NOT RESPONSIBLE FOR ANY DISRUPTION, PROBLEM, DAMAGE, DATA LOSS,
COST OR INCONVENIENCE CAUSED BY THE SUGGESTED TECHNOLOGIES. WE WILL NOT PROVIDE
SUPPORT FOR ANY TECHNOLOGIES WHICH ARE NOT OUR OWN. WE EXERCISE NO CONTROL OVER
THE COPYRIGHT, PATENT OR TRADEMARK COMPLIANCE OR LEGALITY OF THE SUGGESTED
TECHNOLOGIES.
16. COMPLIANCE WITH LAWS
You represent and warrant that your use of the Services will
comply with all applicable laws, rules and regulations, including, without
limitation, data privacy and protection laws and United States export control
and economic sanctions laws and regulations. If you are subject to regulations
and you use the Services, we will not be liable if the Services do not meet
those requirements. You agree, represent and warrant that (a) you will clearly
post, maintain and abide by a privacy notice that complies with applicable
laws, rules and regulations, (b) you will obtain and maintain all necessary
permissions and valid consents to lawfully transfer data to us and to enable
such data to be lawfully collected, processed and shared by us for the purposes
of providing the Services, and (c) you will provide all necessary notices and
obtain necessary consents required by applicable data protection and privacy
laws to enable us to perform the Services.
17. INDEMNITY
You agree to indemnify and hold us
harmless from any losses, damages, judgments, fines and costs, including legal
fees and expenses, in connection with any claims arising out of or relating to
(a) your use of the Services, (b) your violation of any laws, rules or
regulations (including, without limitation, data privacy and protection laws),
(c) any misrepresentations by you, or (d) your breach of these Terms.
18. LIABILITY DISCLAIMER
THE
SERVICES ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT
WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTY AS
TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT
AVAILABLE THROUGH THE SERVICES. YOU ARE
RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SERVICES AND THE CONTENT AVAILABLE
ON THE SERVICES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES
THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY
PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SERVICES IS FREE
OF VIRUSES.
IN NO EVENT SHALL WE (NOR OUR
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES) BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY ON, OR USE
OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE
SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER VIRUSES, INFORMATION,
CONTENT, SUBMISSIONS, SOFTWARE, LINKED SITES, PRODUCTS, AND/OR SERVICES
OBTAINED OR ACCESSED THROUGH THE SERVICES; OR OTHERWISE ARISING OUT OF THE
ACCESS TO, DISPLAY ON, OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF
NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitation of liability reflects the allocation of risk
between the parties. The limitations specified in this section will survive and
apply even if any limited remedy specified in these Terms is found to have
failed of its essential purpose. The limitations of liability provided in these
Terms inure to the benefit of GOLFdistrict.
19. USE OF YOUR PERSONAL INFORMATION
We will use your personal data as set out in our Privacy Policy.
20. MANDATORY ARBITRATION
If a dispute or problem
arises, users should first contact us via email at support@golfdistrict.com. If
we cannot resolve the dispute or problem, you consent to arbitration. By using
the Services, you are waiving the right to a jury trial.
Complaints. In the event of any dispute or problem
please contact us in the via email in the first instance. In
the event that your query is not satisfactorily resolved, you may lodge
a complaint with us or request details about our complaint handling procedures.
When raising an
official complaint, please set out the reason for your complaint, how you would
like us to resolve the complaint and any other information you believe to be
relevant. We will acknowledge receipt of your complaint. A member of our team
will consider your complaint without prejudice based on the information you
have provided and information held by us.
Within 15 business days
of our receipt of your complaint we will address all points raised in your
complaint by sending you an email explaining how we will (i)
resolve your complaint in the way you requested; (ii) make a determination
rejecting your complaint and set out the reasons for the rejection; or (iii)
offer to resolve your complaint with an alternative solution.
Notice to California Residents. If you are a California
resident, then under California Civil Code Section 1789.3, you may contact
the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 N. Market Blvd.,
Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210
in order to resolve a complaint regarding the Service or to receive further
information regarding use of the Service.
Dispute. Except as described below in the
Exceptions and Opt-Out section, you agree that every dispute arising in
connection with these Terms, the Services, or communications from us will be
resolved through binding arbitration. Arbitration uses a neutral arbitrator
instead of a judge or jury, is less formal than a court proceeding, may allow
for more limited discovery than in court, and is subject to very limited review
by courts. This agreement to arbitrate disputes includes all claims whether
based in contract, tort, statute, fraud, misrepresentation, or any other legal
theory, and regardless of whether a claim arises during or after the
termination of these Terms. Any dispute relating to the interpretation,
applicability, or enforceability of this binding arbitration agreement will be
resolved by the arbitrator.
Exceptions. Although we are agreeing to arbitrate
most disputes between us, nothing in these Terms will be deemed to waive,
preclude, or otherwise limit the right of either party to: (i)
bring an individual action in small claims court; (ii) pursue an enforcement
action through the applicable federal, state, or local agency if that action is
available; (iii) seek injunctive relief in a court of law in aid of
arbitration; or (iv) to file suit in a court of law to address an intellectual
property infringement claim.
Opt-Out. If you do not wish to resolve disputes
by binding arbitration, you may opt out of the provisions of this
Section-Dispute Resolution and Arbitration within 30 days after the date that
you agree to these Terms by sending a letter to [ADDRESS] that specifies: your
full legal name, the email address associated with your account on the
Services, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once we receive your
Opt-Out Notice, this Section-Dispute Resolution and Arbitration will be void
and any action arising out of these Terms will be resolved as set forth in
Section - General. The remaining provisions of these Terms will not be
affected by your Opt-Out Notice.
Arbitrator. This arbitration agreement, and any
arbitration between us, is subject the Federal Arbitration Act and will be
administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms.
The AAA Rules and filing forms are available online at www.adr.org, by calling
the AAA at +1-800-778-7879.
Commencing Arbitration. Before initiating
arbitration, a party must first send a written notice of the dispute to the
other party by certified U.S. Mail or by Federal Express (signature required)
or, only if that other party has not provided a current physical address, then
by electronic mail (“Notice of
Arbitration”). Our address for Notice is: [NOTICE ADDRESS]. The Notice of
Arbitration must: (a) identify the name or account number of the party
making the claim; (b) describe the nature and basis of the claim or dispute;
and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the
claim directly, but if the parties do not reach an agreement to do so within 30
days after the Notice of Arbitration is received, you or we may commence an
arbitration proceeding. If you commence arbitration in accordance with these
Terms, we will reimburse you for your payment of the filing fee, unless your
claim is for more than US$10,000 or if we have received 25 or more similar
demands for arbitration, in which case the payment of any fees will be decided
by the AAA Rules. If the arbitrator finds that either the substance of the
claim or the relief sought in the Demand is frivolous or brought for an
improper purpose (as measured by the standards set forth in Federal Rule of
Civil Procedure 11(b)), then the payment of all fees will be governed by the
AAA Rules and the other party may seek reimbursement for any fees paid to AAA.
Arbitration Proceedings. Any arbitration hearing
will take place in the county and state of your billing address unless we agree
otherwise or, if the claim is for US$10,000 or less (and does not seek
injunctive relief), you may choose whether the arbitration will be conducted: (a)
solely on the basis of documents submitted to the arbitrator; (b) through a
telephonic or video hearing; or (c) by an in-person hearing as established by
the AAA Rules in the county (or parish) of your billing address. During the arbitration,
the amount of any settlement offer made by you or us
must not be disclosed to the arbitrator until after the arbitrator makes a
final decision and award, if any. Regardless of the manner in
which the arbitration is conducted, the arbitrator must issue a reasoned
written decision sufficient to explain the essential findings and conclusions
on which the decision and award, if any, are based.
Arbitration Relief. Except as provided in
Section —No Class Actions, the arbitrator can award any relief that would be
available if the claims had been brought in a court of competent jurisdiction.
If the arbitrator awards you an amount higher than the last written settlement
amount offered by us before an arbitrator was selected, we will pay to you the
higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The
arbitrator’s award shall be final and binding on all parties, except (1) for
judicial review expressly permitted by law or (2) if the arbitrator’s award
includes an award of injunctive relief against a party, in which case that
party shall have the right to seek judicial review of the injunctive relief in
a court of competent jurisdiction that shall not be bound by the arbitrator’s
application or conclusions of law. Judgement on the award may be entered in any
court having jurisdiction.
No Class Actions. YOU AGREE THAT EACH PARTY MAY BRING
CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both parties agree otherwise, the arbitrator may not
consolidate more than one person’s claims, and may not
otherwise preside over any form of a representative or class
proceeding.
Modifications to this Arbitration Provision. If we make any
substantive change to this arbitration provision, you may reject the change by
sending us written notice within 30 days of the change to our address for
Notice of Arbitration, in which case your Account will be immediately
terminated and this arbitration provision, as in effect immediately prior to
the changes you rejected will survive.
Enforceability. If Section - No Class Actions
or the entirety of this Section - Dispute Resolution and Arbitration is found
to be unenforceable, or if we receive an Opt-Out Notice from you, then the
entirety of this Section-Dispute Resolution and Arbitration will be null and
void and, in that case, the exclusive jurisdiction and venue described in
Section- General will govern any action arising out of or related to these
Terms.
21. GENERAL
These Terms and any document
incorporated by reference constitute the entire agreement between the parties
with respect to its subject matter and supersede any previous terms between the
parties in relation to such matters. The limitations, exclusions and
restrictions in these Terms shall inure to the benefit of our licensors,
successor and assigns. These Terms are drafted in the English language and may
be translated into other languages. The English language version of these Terms
shall prevail if there is a conflict or inconsistency or clarification required
with other language versions. The headings in these Terms are for ease of
reference only and shall be disregarded in construing or interpreting the
Terms. If we fail to enforce any provision of these Terms, that failure will
not preclude us from enforcing either that provision (or any similar provision)
on a later occasion. If any provision of these Terms is found by a court to be
invalid, we agree that the court should endeavor to give effect to the parties’
intentions as reflected in the provision and that other provisions remain in
full force and effect. We may transfer all or part of our rights or duties
under these Terms provided we take reasonable steps to ensure that your rights
under these Terms are not prejudiced. As these Terms are personal to you, you
may not transfer any of your rights or duties under it without our prior
written consent. A person who is not a party to these Terms shall have no
rights to enforce any its terms. These Terms shall be governed by and construed
in accordance with the laws of the state of Delaware without regard to its
conflict of law provisions. Each party agrees that any dispute shall be brought
exclusively in the state or federal courts of Delaware, and that it will submit
to the jurisdiction of the state or federal courts therein, and to waive any and all objections to the exercise of jurisdiction over
the parties by such courts and to venue in such courts.
22. CONTACT US
For
answers to your questions or ways to contact us, email us
at support@golfdistrict.com.
© Copyright 2024 GOLFdistrict Inc.
All Rights Reserved.