Terms & Conditions

This End User License Agreement (the “License Agreement”) sets forth the terms on which Game Your Game, Inc. ("Game Golf", "we", "us" or "our") licenses each of its mobile device applications, as each may be updated by us from time to time (the “App”), running on a mobile device (a “Device”). The term “you” (and “yours”) means you, individually, or (if you are acting on behalf of your company or another organization) the entity you represent.

THIS LICENSE AGREEMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THIS LICENSE AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Any information that you provide to Game Golf through the App is subject to our Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference.  

BY DOWNLOADING OR USING THE APP, BY ACQUIRING A MEMBERSHIP (AS DEFINED HEREIN), OR BY CLICKING TO ACCEPT OR AGREE TO THIS LICENSE AGREEMENT WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THIS LICENSE AGREEMENT. ACCEPTANCE OF THIS LICENSE AGREEMENT CREATES A BINDING, LEGAL AGREEMENT BETWEEN YOU AND GAME GOLF. YOUR USE OF THE APP IS ENTIRELY CONDITIONED ON AND SUBJECT TO YOUR COMPLIANCE WITH THIS LICENSE AGREEMENT AND THE OTHER DOCUMENTS INCORPORATED HEREIN. IF YOU DO NOT AGREE WITH THIS LICENSE AGREEMENT, DO NOT DOWNLOAD OR USE THE APP AND IF YOU ALREADY HAVE DOWNLOADED AND INSTALLED THE APP, IMMEDIATELY DELETE IT FROM EACH DEVICE ON WHICH YOU HAVE INSTALLED IT.

1. AGREEMENT SCOPE.  This License Agreement is supplemented by the Website Terms of Use (“Terms of Use”) that apply generally to the use of our website www.gamegolf.com (the “Website”) and the App.  Those Terms of Use are incorporated herein by this reference. The Privacy Policy governs the processing of all personal data collected from you in connection with your downloading or use of the App.

2. LICENSE GRANT
2.1 License.  Subject to your agreement to and continued compliance with this License Agreement, Game Golf grants you a personal, revocable, limited, non-exclusive, non-transferable license (the “License”) to install the App on your Devices and to use the App for the duration of this License Agreement. Any use of the App in any other manner, including, without limitation, resale, transfer, modification or distribution of the App or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the App is prohibited.  Notwithstanding the foregoing, Game Golf authorizes you to download, transmit and republish, for your personal (non-commercial) use, screenshots from the App showing your Golf Data (defined below), and images created by the social sharing function of the App, so long as you do not obscure or remove any trademarks or Game Golf Logos on such images.

2.2 Updates.  Game Golf may update the App to add, remove or modify functionalities or features or provide new versions, with or without prior notice (each an “Update”).  This License Agreement shall apply to the App as it may be modified with an Update.  Updates will be installed automatically if you enable auto-updating through your Device.  Otherwise, the App will only be updated if you so choose at the time.

2.3 License Restrictions. You may not, and you may not cause or permit any third party to: (a) modify, translate, decompile, create any derivative works of, copy, distribute, disassemble, broadcast, transmit, or publish, the App; (b) remove or alter any proprietary notices or labels or copy protection features from the App; or (c) license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, or grant a security interest in, the App; (d) use the App to develop a competitive product or service; or (e) otherwise use the App in any manner not expressly permitted in this License Agreement.  Except as expressly set forth herein, you are not granted any other rights with respect to the App or any other intellectual property of Game Golf or other owners.  Additional limitations on the use of the App are set forth in the Terms of Use.  You agree to comply with such limitations.

3. GAME GOLF MEMBERSHIP AND DASHBOARD.  To activate the App you must acquire a membership to use the Game Golf service (a “Membership”). Subject to the availability of Internet service on your Device, the data captured by the App in connection with your golfing (“Golf Data”) will thereafter be automatically uploaded to the “Dashboard” accessible through the Website (the “Dashboard”) during the term of your Membership.  Your right to use the Dashboard is governed by, and subject to, the Terms of Use.

4. ELIGIBILITY.
4.1 Age Restriction.  Only individuals 13 years of age or older may obtain a Membership and use the App.  If you are at least 13 years old but younger than 18 years old, then you must review this License Agreement with a parent or legal guardian to ensure the parent or legal guardian acknowledges and agrees to this License Agreement.  If your parent or legal guardian does not acknowledge and agree to this License Agreement, then you must immediately uninstall the App and discontinue its use.

4.2 Legal Compliance.  You represent and warrant that you are (a) 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 (b) not listed on any U.S. Government list of prohibited or restricted parties.

5. PERSONAL INFORMATION.
5.1 Transmitted Information.  Creating a Membership and using the App’s features may use, maintain, or transmit your personal information including but not limited to user name, passwords, proper names, email address, address, location, financial information (including credit card information), GPS location information, and information for and from third-party social-media accounts (collectively “User Information”).  You consent to the transmission of your User Information and Golf Data to Game Golf and the use of such information in accordance with the Privacy Policy.

5.2 Information on Your Device. You are solely responsible for the confidentiality and security of User Information stored on your Device by the App. You agree not to share your login credentials (user name and password) for the App and/or the Website with any other person or entity for any purpose whatsoever. You agree to immediately notify Game Golf of any suspected unauthorized transactions associated with the App or any other breach of security related to the App or your Device.  Game Golf shall not be responsible for any losses financial or otherwise, arising from the loss or theft of User Information due to unauthorized or fraudulent transactions related to the App.  You are solely responsible for taking precautionary steps to protect your User Information stored on the Device, including but not limited to password-protecting your Device.

 

6. OWNERSHIP RIGHTS.
6.1 Ownership.  The App is protected by international copyright laws, treaties and other laws. Game Golf, and its licensors, own and retain all right, title and interest in and to the App, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights. This License Agreement does not transfer to you any title to or in the App and you do not acquire any rights to the App, except for the License which is subject to your compliance with this License Agreement.  

6.2 User Contributions.  In addition to Golf Data that is uploaded to the Dashboard automatically, the App may allow you to upload content and materials (collectively, such Golf Data, content and materials are "User Contributions") to the Website.  All User Contributions must comply with the “Content Standards” set forth in the Terms of Use.  By providing any User Contribution you grant Game Golf and our licensees, successors, and assigns a Use License with respect to that information as set forth in the Terms of Use.

7. INDEMNIFICATION.  You agree to indemnify and hold harmless Game Golf and its subsidiaries and affiliates, and its and their licensors, service providers, contractors, employees, agents, officers, and directors, successors, and assigns (each a “Game Golf Party” and collectively the “Game Golf Parties”), from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the App and/or the Dashboard, violation of this License Agreement, or violations of any rights of a third party, or any allegation thereof.  Game Golf reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

8. MEMBERSHIP.

8.1 Generally.  In order for you to use the App, for your Golf Data to be uploaded from the App to the Website, and for you to be granted access to certain data or services, you will be required to acquire a Membership from Game Golf.  A Membership may be available at no charge by special offer.  Membership fees, along with any required taxes, shall be paid on a periodic basis as indicated when you purchase the Membership.  All Membership fees are payable in advance. If you change the frequency of renewal for your Membership, the adjusted rate will take effect at the next billing date. If you upgrade your Membership or add new categories of service to your account, such changes may result in a new Membership renewal date. You agree to pay the Membership fees and other charges you incur in connection with your Membership, whether on a one-time or periodic basis.  Game Golf reserves the right to increase Membership fees or to institute new fees at any time upon reasonable advance notice.  Such changes, if any, will be effective on your next Membership renewal date.

8.2 Trial Periods.  If you are provided a free trial period for your Membership, then the free trial period will last for the period of time specified when you enrolled.  Free trials may be provided as part of the purchase of a Game Golf sensor product. Free trials may not be combined with certain other offers, as specified. If you begin your Membership with a free trial, we will begin billing your Payment Method for the periodic Membership fees at the end of the free trial period of your Membership, unless you cancel your Membership prior to the end of the free trial period.  Your Payment Method will be authorized as soon as you register for a free trial. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period.

8.3 Renewal and Cancellation.  Your Membership and your obligation to pay the associated fee will auto-renew until your Membership is terminated.  You may cancel your Membership at any time by contacting Game Golf prior to the end of your then-current Membership term.  When you request cancellation of your Membership, your Membership will terminate immediately and you will lose access to all Golf Data and other data collected using the App and stored on the Device(s) on which the App is installed and on the Website.

9. TERM AND TERMINATION.
9.1 Term.  This License Agreement and the License will commence on the date you agree to this License Agreement and continue until terminated as provided herein.  

9.2 Termination by Game Golf. You agree that we may terminate the License and this License Agreement (a) immediately if you breach this License Agreement or we are required to terminate this License Agreement by law, or (b) for convenience with five (5) days’ notice; provided, however, that if you have a Membership, any notice of termination for convenience will not be effective until the end of your then-current Membership term.  These remedies are in addition to any other remedies we may have at law or in equity.

9.3 Termination by You.  You may cancel or elect to not renew your Membership at any time by contacting Game Golf at support@gamegolf.com.  If, after terminating your Membership or, if you do not have a Membership, at any time, you wish to terminate the License and this License Agreement, you can do so by stopping your use of the App and deleting all copies of the App from your Devices.

9.4 Effect of Termination.  Once the License terminates, your right to use the App ends immediately and you must remove the App from each of your Devices. Upon termination you will lose access to all Golf Data and other data collected using the App and stored on the Device(s) on which the App is installed and on the Website. You are not entitled to any refund or other compensation for the termination of this License Agreement and the License in accordance with their terms.  Sections 6, 7, 9, 10, 11 and 12 will survive the termination of this License Agreement for any reason.

9.5 Injunctive Relief.  A breach, whether threatened or actual, of this License Agreement will cause us irreparable injury.  Such injury may not be quantifiable in monetary damages, and we would not have an adequate remedy at law.  Therefore, we are entitled, in addition to all other available remedies, to seek and be awarded an injunction or other appropriate equitable relief for any threatened or actual breach of this License Agreement.

10. DISCLAIMER OF WARRANTIES.  THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. NEITHER GAME GOLF NOR ANY PERSON OR ENTITY ASSOCIATED WITH GAME GOLF MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER GAME GOLF NOR ANYONE ASSOCIATED WITH GAME GOLF REPRESENTS OR WARRANTS THAT THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

11. LIABILITY LIMITS.
11.1 Disclaimer of Damages.  TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL ANY GAME GOLF PARTY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APP OR THE DASHBOARD, OR ANY PRODUCT FAILURE OR MALFUNCTION. THE FOREGOING DISCLAIMER SHALL APPLY EVEN IF A GAME GOLF PARTY OR ANY AUTHORIZED REPRESENTATIVE OF ANY GAME GOLF PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPUTER CODE.

11.2 Maximum Liability.  To the fullest extent provided by law, in no event will the collective liability of the Game Golf Parties to any party (regardless of the form of action, whether in contract, tort, or otherwise) related to the App, a Membership or the Dashboard, exceed the greater of $100 or the amount you have paid to Game Golf in connection with the App or a Membership in the then most-recent twelve (12) months.

11.3 Exclusions.  The terms of this Section do not apply to limit liability resulting from (a) our gross negligence or willful misconduct, to the extent such liability may not be limited or disclaimed; (b) death or bodily injury caused by the App; or (c) any other liability to the extent it cannot be excluded or limited under applicable law.

12. MISCELLANEOUS.
12.1 Governing Law and Jurisdiction.  All matters relating to this License Agreement and the App, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) (collectively “Claims”), shall be governed by and construed in accordance with the internal laws of the State of Delaware, USA, without giving effect to any choice or conflict of law provision or rule.  Subject to Section 12.2, all Claims shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, USA, in each case with jurisdiction over Wilmington, Delaware, although we retain the right to bring any Claim in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12.2 JAMS Arbitration.  All Claims shall be resolved exclusively by binding arbitration as set forth in the Terms of Use.

12.3 Limitation on Time to File Claims.  Any Claim must be commenced within one (1) year after the cause of action accrues. Otherwise, such Claim is permanently barred.

12.4 Waiver and Severability.  No waiver by Game Golf of any term or condition set out in this License Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Game Golf to assert a right or provision under this License Agreement shall not constitute a waiver of such right or provision.  If any provision of this License Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision 

shall be eliminated or limited to the minimum extent such that the remaining provisions of this License Agreement will continue in full force and effect. 

12.5 Entire Agreement. This License Agreement, the Terms of Use, the Privacy Policy, and any other Game Golf documents referenced herein or in such other documents constitute the sole and entire agreement between you and Game Golf regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.

12.6 Third Party Beneficiaries.  You agree that other Game Golf Parties are third party beneficiaries to this License Agreement and may rely upon Sections 7 (Indemnification), 10 (Disclaimer of Warranties) and 11 (Liability Limits).

12.7 Force Majeure.  Game Golf shall not be liable for any breach of this License Agreement to the extent arising from any factor outside our reasonable control.

12.8 Amendments.  Game Golf may change or modify this License Agreement or any other Game Golf terms, conditions, or policies related to use of the App (including those identified in this License Agreement) at any time and at its sole discretion by posting revisions on the Website and within the App.  Any such change will be effective upon your next Membership renewal date.  Continued use of the App on and after such Membership renewal date will constitute your acknowledgement and agreement to such changes or modifications.  Only a specific, written waiver signed by an authorized representative of Game Golf shall have any legal effect as a waiver by Game Golf of any of the terms of this License Agreement.

               

PRODUCT LIMITED WARRANTY

WHAT DOES THE WARRANTY COVER?

Warranty Scope. Game Your Game, Inc. (“Game Golf”, “we” or “our”) warrants to the original purchaser that the Game Golf hardware products purchased directly from Game Golf or from a Game Golf authorized reseller (the “Product”) shall be free from defects in material and workmanship under normal conditions of use (the “Warranty”) during the Warranty Period. The warranty does not extend to any subsequent owner of the Product. The term “you” (and “yours”) means you, individually, or (if you are acting on behalf of your company or another organization) the entity you represent. Your use of the Product constitutes acceptances of the terms of the Warranty as set forth herein. If you are unwilling to accept the terms of the Warranty, you must return the Product to Game Golf or the Game Golf authorized reseller where you purchased the Product within five (5) days of purchase.

Warranty Period. The “Warranty Period” is one (1) year from the date of purchase of the particular Product

WHAT DOES THE WARRANTY NOT COVER?

The Warranty does not cover normal cosmetic and mechanical wear, water damage, user-caused mechanical or other damage (such as by dropping a sensor-enabled club), damage to the Product occurring during your shipping or transportation, or any other damage that occurs after you receive the Product. Furthermore, the Warranty shall apply only if:  (i) the Product has been properly used at all times in accordance in all material respects with the Product’s intended use; (ii) no modification, alteration (including but not limited to removing or effacing the Product serial number or other identifying marks) or addition has been made to the Product; (iii) the Product has not been disassembled in whole or in part by persons other than Game Golf or Game Golf’s authorized representative; and (iv) the Product has not been subject to misuse, neglect or unusual physical stress.

HOW DO YOU MAKE A WARRANTY CLAIM?

Making a Claim. If, during the applicable Warranty Period, a Product does not perform as warranted, you should contact Game Golf Customer Support at  support@gamegolf.com  to obtain a Return Merchandise Authorization Number (an “RMA Number”). 

Packing and Shipping. You are responsible for properly packaging and shipping the defective Product to our advised return warehouse and paying all insurance and shipping charges, taxes, duties and any other costs of returning the Product to Game Golf. All shipping documents accompanying defective Product must clearly state the RMA Number and be marked: "Returned to Game Golf for Warranty Inspection." 

You must also include a copy of your original purchase receipt and a letter with your name, address, telephone number, email address (if any) and a description of the problem you are having with your Product in sufficient detail that we can reproduce the problem.

WHAT ARE YOUR REMEDIES UNDER THIS WARRANTY?

If all of the following are true: (i) Game Golf determines that the Product and the defect are covered by the Warranty; (ii) you contact Game Golf for an RMA Number within the applicable Warranty Period; and (iii) you ship the Product to Game Golf no later than thirty (30) calendar days after the end of the Warranty Period; then Game Golf, at its sole discretion, may repair or replace the Product, or may refund the purchase price to you. Replacement Products, parts and materials may either be new or reconditioned, at Game Golf’s discretion. Products repaired or replaced under this Warranty are warranted as set forth herein for either ninety (90) days from the date of shipment by Game Golf or the remainder of the original Warranty Period, whichever provides longer coverage.

Upon completion of Warranty service, Game Golf will package and ship the Product to you at Game Golf’s expense. All Products, parts and materials replaced under this Warranty will become the property of Game Golf.

If Game Golf is unable to repair or replace a defective Product, then Game Golf will refund to you the purchase price paid for the defective Product. THE ABOVE REMEDIES ARE THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF THE WARRANTY.

WHAT LIMITATIONS AND DISCLAIMERS APPLY TO THIS WARRANTY?

GAME GOLF DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.

GAME GOLF LIMITS THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE APPLICABLE WARRANTY TERM FOR THE PRODUCT.

IN NO EVENT SHALL GAME GOLF BE LIABLE FOR LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES, WHETHER UNDER THEORY OF CONTRACT, TORT OR OTHERWISE, AND WHETHER OR NOT GAME GOLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ADDITION, IN NO EVENT SHALL GAME GOLF’S LIABILITY TO YOU FOR ANY CLAIM RELATED TO A PRODUCT OR YOUR USE OF THE PRODUCT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT.

This warranty gives you specific legal rights, and you may have other rights that vary from state to state (or by country, province or another jurisdiction). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages for consumer products. In such jurisdictions, some exclusions or limitations contained in this Warranty may not apply to you. You are advised to consult applicable laws for a full determination of your rights.

WHAT IF RETURNED PRODUCTS ARE NOT COVERED BY THIS WARRANTY?

If Game Golf determines in good faith that a returned Product is not covered by this Warranty, we will contact you by email (if available) or postal mail with an offer to repair the Product, based on our normal rates for parts and labor. You must reply to our offer within thirty (30) calendar days. In your reply you must advise us to either: (i) repair and return the Product to you (in which case you must provide a valid payment method, as specified in our offer), (ii) return the Product to you unrepaired, or (iii) dispose of the Product. If you select choice (i), we may at our option provide you with a new Product rather than repairing your Product, in which case the replaced Product will become the property of Game Golf. If you select either choice (i) or choice (ii), you will be responsible for the return shipping and handling costs. If we do not hear from you within such thirty (30) day period we may, at our option, dispose of the Product without liability to you.

                          

WEBSITE TERMS OF USE

These Website Terms of Use (the “Terms of Use”) set forth the terms upon which Game Your Game Inc. ("Game Golf," "we," "us", or “our”) grants to you access to and use of the website www.gamegolf.com (the “Website”), including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user. The term “you” (and “your”) means you, individually, or (if you are acting on behalf of your company or another organization) the entity you represent. 

THESE TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY.

THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Any information that you provide to Game Golf is subject to our Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference. If you purchase any Game Golf product or service, including a Membership to use the App (“Products”) through the Website, then such purchase is made pursuant to the Order Terms. If you use any Game Golf mobile device application (the “App”), available through the Apple and Google app stores and other sources, then you must agree to our End User License Agreement (the “License Agreement”) that is provided in connection with the download and installation of the App.

BY USING THE WEBSITE, ESTABLISHING AN ACCOUNT, PURCHASING A PRODUCT, DOWNLOADING THE APP OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. ACCEPTANCE OF THESE TERMS OF USE CREATES A BINDING, LEGAL AGREEMENT BETWEEN YOU AND GAME GOLF. YOUR USE OF THE WEBSITE IS ENTIRELY CONDITIONED ON AND SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS OF USE AND THE OTHER DOCUMENTS INCORPORATED HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THE WEBSITE.

1. WEBSITE ELIGIBILITY AND DASHBOARD ACCESS.
1.1 Eligibility.  Use of and access to the Website, including the purchase of Products, is prohibited to the extent prohibited by the laws where you are located. In addition, the Website is offered and available only to users who are 13 years of age or older. If you are at least 13 years old but younger than 18 years old, you must review these Terms of Use with a parent or legal guardian to ensure the parent or legal guardian acknowledges and agrees to these Terms of Use. If your parent or legal guardian does not acknowledge and agree to these Terms of Use, you must immediately stop accessing the Website. 

1.2 Accounts.  To access certain parts of the Website or some of the resources offered, such as the App, you may be required to create an account. By creating an account, you agree to provide Game Golf with true, accurate, current and complete information about yourself when such information is requested. You agree to update that information as it changes. You agree that all information you provide to create an account, or otherwise in connection with the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Your account is personal to you and you agree to notify us immediately of any unauthorized access to or use of your member name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

1.3 Dashboard Access.  If you are using the App to collect your golfing information (for example, date and location of each round played, makes and models of clubs used, shot lengths and locations) (“Golf Data”), then you must have a valid and effective Membership (a “Membership”). Your Golf Data will automatically be uploaded to the Website and made available to you, along with related statistics and analytics, through the dashboard accessible through the Website (the “Dashboard”). If you are using the Dashboard in connection with providing golf club fitting, golf coaching or other permitted services to other Game Golf customers (“Permitted Professional Use”), you may be required to obtain a Membership in order to access the Dashboard for those purposes. In that case, the Dashboard presented to you will contain the Golf Data and other data of Game Golf members. Following the termination of your Membership, your Golf Data and other data will be inaccessible from the Dashboard, including through the App.

1.4 Geographic Restrictions.  Game Golf makes no claims that the Website or access to any of its content from outside of the United States is permitted under applicable local law. Access to the Website may not be legal for certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. You also represent and warrant that you are (a) 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 (b) not listed on any U.S. Government list of prohibited or restricted parties.

2. INTELLECTUAL PROPERTY RIGHTS.
2.1 Game Golf Materials.  The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) and the App, are owned by Game Golf, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except for Permitted Professional Use or as otherwise permitted by a separate agreement with Game Golf, you may use the Website for your personal (non-commercial) use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website or the App, except to the extent necessary to use the Website as permitted hereunder or in the License Agreement. You must not modify copies of any materials from the Website. Notwithstanding the foregoing, Game Golf authorizes you to download, transmit and republish, for your personal (non-commercial) use, screenshots from the Website and the App showing your Golf Data and related statistics and analytics, and images created by the social sharing function of the App, so long as you do not obscure or remove any trademarks on such images. 

2.2 Trademarks.  Game Golf, the Game Golf logo, KZN logo and other Game Golf trademarks, service marks, graphics and logos used in connection with the Website or App are trademarks or registered trademarks of Game Golf (collectively “Game Golf Marks”). Other trademarks, service marks, graphics and logos used in connection with the Website or App are the trademarks of their respective owners (collectively “Third-Party Marks”). The Game Golf Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Game Golf or the applicable trademark holder.

2.3 User Contributions.  The Website may contain message boards, chat rooms, personal profile pages and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. The App also allows you to upload User Contributions to the Website. All User Contributions must comply with the Content Standards set out below. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant Game Golf and our licensees, successors, and assigns a non-exclusive, unlimited, irrevocable, perpetual, worldwide, fully-paid, royalty-free right and license, with the right to sublicense (to multiple tiers), under all rights necessary, to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose (a “Use License”), subject to any limitations that may be contained in the Privacy Policy. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Game Golf, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Game Golf is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

2.4 Feedback. We welcome your feedback and suggestions about the Website, the App, Products and other Game Golf materials (“Feedback”). If you provide us with any Feedback,

we shall have the right to use such Feedback at our discretion, including to incorporate the Feedback into the Website, the App, Products and other Game Golf materials. You hereby grant to Game Golf a Use License with respect to your Feedback.

2.5 Content Standards.  The following standards (“Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or the Privacy Policy;

  • Be likely to deceive any person;

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act;

  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;

  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization;

  • Involve commercial activities or sales, including but not limited to contests, sweepstakes, and other sales promotions, barter, or advertising; and/or

  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

2.6 Product Use.  Except for Permitted Professional Use or as otherwise permitted by a separate agreement with Game Golf, you agree to use Products only for personal (non-commercial) purposes and to comply in full with all applicable terms and conditions specified on the Website or in other relevant materials regarding the operation and use of the Products. You agree to not reverse engineer or otherwise violate the intellectual property rights of Game Golf or any third party associated with or embodied in any Product.

2.7 Copyright Infringement.  If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of Game Golf to terminate the user accounts of repeat infringers. 

3. PROHIBITED USES.  Use of the Website or App is limited to the functionality intended by Game Golf. You may use the Website and the App only for lawful purposes and in accordance with these Terms of Use. Without limiting the foregoing, the Website and App shall not be used in any way that:

  • Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of privacy, publicity or other proprietary rights);

  • Is unlawful, fraudulent, or deceptive;

  • Violates any applicable law or regulation;

  • Uses technology or other means to access unauthorized content or non-public spaces;

  • Modifies, translates, decompiles or creates any derivative works of, copies, distributes, disassembles, broadcasts, transmits, or publishes, the Website or any part thereof (except as expressly permitted hereunder);

  • Contributes to the development of a competitive product or service;

  • Impersonates or attempts to impersonate Game Golf, a Game Golf employee, another user, or any other person or entity;

  • Uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access, download or scrape content.

  • Attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  • Attempts to damage, disable, overburden, or impair Game Golf servers or networks;

  • Attempts to gain unauthorized access to a Game Golf computer network;

  • Attempts to gain unauthorized access to Game Golf’s member accounts;

  • Encourages conduct that would constitute a criminal offense or give rise to civil liability

  • Fails to comply with applicable third-party terms and conditions or other third-party policies; and/or

  • Otherwise attempts to interfere with the proper working of the Website

4. MONITORING AND ENFORCEMENT.  We may remove or refuse to post any User Contributions for any or no reason at our sole discretion. If we believe that you have used the Website in an illegal or other unauthorized manner or that any of your User Contributions or other use of the Website violates these Terms of Use, including the Content Standards, we may remove or disable access to such User Contributions and take other appropriate legal action, including referral to law enforcement and termination of your access to all or part of the Website. We do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any member or third party. 

5. WEBSITE LINKING.
5.1 Linking to the Website and Social Media Features.  You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. You may use any social media features that we provide solely with respect to the content connected to such features and otherwise in accordance with any additional terms we may provide with respect to such features. Subject to the foregoing, you must not:

  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, by framing, deep linking, or in-line linking.

  • Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.

We reserve the right to withdraw linking permission without notice and we may disable all or any social media features and any links at any time without notice at our discretion. 

5.2 Links from the Website.  Any links from the Website to other sites and resources are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

6. INDEMNIFICATION.  You agree to defend, indemnify, and hold harmless Game Golf and its subsidiaries and affiliates, and its and their licensors, service providers, contractors, employees, agents, officers, and directors, successors, and assigns (each a “Game Golf Party” and collectively the “Game Golf Parties”), from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your violation of these Terms of Use, (b) your use of the Website, including, your User Contributions, (c) any use of the Website's content or services, (d) your use of any Products (other than as expressly authorized in these Terms of Use, the Order Terms or any applicable terms and conditions for such Product), or (e) your use of any information obtained from the Website. Game Golf reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defences.

7. TERMINATION.
7.1 Termination by Game Golf.  Game Golf may terminate your account and access to the Dashboard and other rights to access the Website immediately if (a) you breach these Terms of Use or we are required to terminate such rights by law, or (b) for convenience with five (5) days’ notice; provided, however, that if you have a Membership, any notice of termination for convenience will not be effective until the end of your then-current Membership term. These remedies are in addition to any other remedies we may have at law or in equity.

7.2 Termination by You.  You may cancel or elect to not renew your Membership at any time by contacting Game Golf at support@gamegolf.com. If, after terminating your Membership 

or, if you do not have a Membership, at any time, you wish to terminate your account, you can do so by stopping your use of the Dashboard.

7.3 Effect of Termination.  If you terminate your Membership or your account, your ability to access the Dashboard ends immediately. You are not entitled to any refund or other compensation for the termination of your account or Membership in accordance with its terms. These Terms of Use shall not otherwise be affected and will survive the termination of your account or Membership for any reason.

7.4 Injunctive Relief.  A breach, whether threatened or actual, of these Terms of Use will cause us irreparable injury. Such injury may not be quantifiable in monetary damages and we would not have an adequate remedy at law. Therefore, we are entitled, in addition to all other available remedies, to seek and be awarded an injunction or other appropriate equitable relief for any threatened or actual breach of these Terms of Use.

8. DISCLAIMER OF WARRANTIES.  SUBJECT TO ANY EXPRESS WARRANTIES WE PROVIDE IN CONNECTION WITH HARDWARE PRODUCTS: 

(a) YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR OTHER ITEMS OR SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.

(b) THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR OTHER ITEMS OR SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 

(c) NEITHER GAME GOLF NOR ANY PERSON OR ENTITY ASSOCIATED WITH GAME GOLF MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR OTHER ITEMS OR SERVICES OBTAINED THROUGH THE WEBSITE. 

WITHOUT LIMITING THE FOREGOING, NO GAME GOLF PARTY REPRESENTS OR WARRANTS THAT (I) THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR OTHER ITEMS OR SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, (II) THAT DEFECTS WILL BE CORRECTED, (III) THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR OTHER ITEMS OR SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. LIABILITY LIMITS.
9.1 Disclaimer of Damages.  TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL ANY GAME GOLF PARTY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, OR LOSS, THEFT OR CORRUPTION OF USER INFORMATION, ARISING FROM OR RELATED TO THE USE OR INABILITY TO USE THE WEBSITE, INCLUDING THE DASHBOARD, THE APP, OR ANY PRODUCT. THE FOREGOING DISCLAIMER SHALL APPLY EVEN IF A GAME GOLF PARTY OR ANY AUTHORIZED REPRESENTATIVE OF ANY GAME GOLF PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPUTER CODE.

9.2 Maximum Liability.  To the fullest extent provided by law, in no event will the collective liability of the Game Golf Parties (regardless of the form of action, whether in contract, tort, or otherwise) in connection with the Website, including the Dashboard, the App, or the Products, exceed the greater of $100 or the amount you have paid to Game Golf in connection with any related Products in the then most-recent twelve (12) months. 

9.3 Exclusions.  The terms of this Section do not apply to limit liability resulting from (a) our gross negligence or willful misconduct, to the extent such liability may not be limited or disclaimed; (b) death or bodily injury caused by Products you purchase through the Website; or (c) any other liability to the extent it cannot be excluded or limited under applicable law.

10. ARBITRATION.
10.1 JAMS Arbitration.  All disputes arising out of or relating to these Terms of Use, the Order Terms, the License Agreement, the Website or the purchase of any Product, shall be resolved exclusively by binding arbitration before a single arbitrator (the "Arbitrator") in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the date you agree to these Terms of Use, the Order Terms, or the License Agreement, as applicable.

10.2 Location of Arbitration.  The arbitration shall be conducted in San Jose, California. If JAMS is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The Arbitrator shall have authority to issue any and all remedies authorized by law. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. 2 et seq., and the laws of the State of Delaware, without reference to principles of conflicts of laws.

10.3 Class Action Waiver.  Notwithstanding any rules of JAMS to the contrary, any claims shall be adjudicated on an individual basis only, and you hereby waive any right to bring any claim as a representative of a proposed class, on an aggregated or mass basis, or as a private attorney general, or to consolidate arbitration proceedings without the consent of all parties thereto.

10.4 Arbitration Awards.  Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties hereto. In connection with any arbitration proceeding pursuant to these Terms of Use, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses. However, if the dispute involves you as a consumer, you shall not be obligated to pay fees in excess of $250. 

10.5 Small Claims Court.  Notwithstanding the foregoing, you may at your option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction, if such court has personal jurisdiction. Game Golf does not hereby waive any defence that such jurisdiction may be lacking in your jurisdiction.

11. MISCELLANEOUS.
11.1 Governing Law and Jurisdiction.  All matters relating to these Terms of Use, the Order Terms, the License Agreement, the Website, the App or the purchase of any Product, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) (collectively “Claims”), shall be governed by and construed in accordance with the internal laws of the State of Delaware, USA, without giving effect to any choice or conflict of law provision or rule. Subject to Section 10, all Claims shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, USA, in each case with jurisdiction over Wilmington, Delaware, although we retain the right to bring any Claim against you in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

11.2 Limitation on Time to File Claims.  Any Claim you may have must be commenced within one (1) year after the cause of action accrues. Otherwise, such Claim is permanently barred.

11.3 Waiver and Severability.  No waiver by Game Golf of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Game Golf to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

11.4 Entire Agreement.  These Terms of Use, the Privacy Policy, the Order Terms, the License Agreement and any other Game Golf documents referenced herein or in such other documents, constitute the sole and entire agreement between you and Game Golf regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Website. If these Terms of Use are inconsistent with information included in off-line materials, these Terms of Use will control.

11.5 Third Party Beneficiaries.  You agree that other Game Golf Parties are third party beneficiaries to these Terms of Use and may rely upon Sections

6 (Indemnification), 8 (Disclaimer of Warranties) and 9 (Liability Limits).

11.6 Force Majeure.  Game Golf shall not be liable for any breach of these Terms of Use to the extent arising from any factor outside our reasonable control.

11.7 Amendments.  These Terms of Use may be changed or updated by us at any time. You can always find the most recent version at www.gamegolf.com/website-terms-of-use. However, changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website. If you have a valid and effective Membership, any such change will be effective upon your next Membership renewal date. Continued use of the Website on and after such Membership renewal date will constitute your acknowledgement and agreement to such changes or modifications. We suggest that you periodically check that page to make sure that your understanding of these Terms of Use is up to date.

11.8 Notices to Game Golf.  The Website is operated by Game Golf with offices at:

Game Your Game, Inc.

2479 E. Bayshore Road

Suite 195

Palo Alto, CA 94303

 

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@gamegolf.com.

ORDER TERMS

These Order Terms (the “Order Terms”) set forth the terms upon which Game Your Game, Inc. ("Game Golf", "we", "us" or "our") sells, and you order and purchase, the Game Golf devices, services and Membership (the "Products") offered by Game Golf through the website www.gamegolf.com (the "Website") or our mobile device applications (collectively, the “App”), as each may be updated by us from time to time. For simplicity, all provisions in these Order Terms relating to purchases made through the Website apply equally to purchases made through the App. The term “you” (and “your”) means you, individually, or (if you are acting on behalf of your company or another organization) the entity you represent.

THESE ORDER TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY.

THESE ORDER TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Any information that you provide to Game Golf through the Website or App is subject to our Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference. 

BY PLACING AN ORDER FOR PRODUCTS FROM THE WEBSITE OR BY CLICKING TO ACCEPT OR AGREE TO THESE ORDER TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE ORDER TERMS. ACCEPTANCE OF THESE ORDER TERMS CREATES A BINDING, LEGAL AGREEMENT BETWEEN YOU AND GAME GOLF. YOUR PURCHASE OF PRODUCTS IS ENTIRELY CONDITIONED ON AND SUBJECT TO YOUR COMPLIANCE WITH THESE ORDER TERMS AND THE OTHER DOCUMENTS INCORPORATED HEREIN. IF YOU DO NOT AGREE WITH THESE ORDER TERMS, PLEASE DO NOT ORDER PRODUCTS.

1. AGREEMENT SCOPE.  These Order Terms are an integral part of the Website Terms of Use (the “Terms of Use”) that apply generally to the use of the Website. Such Terms of Use are incorporated herein by this reference. The Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of Products through the Website.

2. ORDERS.
2.1 Order Acceptance. You may submit an order for Products through the Website. Orders submitted by you are an offer to buy, under these Order Terms, the Products listed in your order. We are not obligated to sell the Products to you until we accept the order. We may choose not to accept any orders at our sole discretion. We may accept orders by sending you a confirmation email (with your order number and details of the Products ordered) or by shipping the Products to you. 

2.2 Shipping.  We will arrange for shipment to you of the physical Products. Please check the individual Product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

2.3 Delivery.  Game Golf will use reasonable commercial efforts to deliver the Product in a timely manner and as described on the Website. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Title and risk of loss pass to you upon our transfer of the Products to the carrier.

2.4 Cancellation.  Upon written request from you received prior to shipment of any physical Product, Game Golf will cancel your order and process a full refund to you. Membership may be cancelled as provided in Section 4.3 below. 

3. PRICING AND PAYMENT.
3.1 Prices.  All prices posted on the Website are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price changes will only apply to orders placed after such changes are announced by Game Golf. Posted Product prices do not include taxes or fees, including but not limited to sales tax, use tax, value added tax, customs fees or duties, or charges for shipping and handling. All such taxes that Game Golf is required by law to collect and prepaid shipping and handling charges will be added to your Product total and will be itemized in your shopping cart and in your order confirmation email. Other taxes and fees will be assessed and collected as required by the applicable taxing jurisdiction. We are not responsible for pricing, typographical, or other errors and we reserve the right to cancel any orders that are affected by such errors.

3.2 Payment Terms.  Unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order. Your Payment Method (as defined herein) will be charged by us or our e-commerce platform immediately upon your placement of an order through the Website.

3.3 Payment Methods.  You agree to pay charges incurred by you at the posted price, including all shipping and handling and all applicable taxes, if any. We or our e-commerce platform accept certain debit cards, credit cards, PayPal and other payment methods specified on the Website for purchases from us. To pay any fee, you must designate and provide information about your preferred payment method (the “Payment Method”). If you provide your payment information, you authorize us and our third-party payment processors to receive, store and encrypt your payment information. You represent and warrant that the information that you supply for your Payment Method is true, correct and complete; that you are authorized to use such Payment Method for this purpose; and that charges incurred by you will be honored by your bank, credit card company or other payment processing service.

3.4 No Refunds.  No refunds or credits will be provided by Game Golf, other than as set forth in these Order Terms.

4. MEMBERSHIP.
4.1 Generally.  In order for you to use the App to capture data in connection with your golfing (“Golf Data”), to upload your Golf Data from the App to the Website, or for you to be granted access to certain data or services, you will be required to acquire a Membership from Game Golf (a “Membership”). Memberships may be available at no charge by special offer. Membership fees, along with any required taxes, shall be paid on a periodic basis as indicated when you purchase the Membership. All Membership fees are payable in advance. If you change the frequency of renewal for your Membership, the adjusted rate will take effect at the next billing date. If you upgrade your Membership or add new categories of service to your account, such changes may result in a new Membership renewal date. You agree to pay the Membership fees and other charges you incur in connection with your Membership, whether on a one-time or periodic basis. Game Golf reserves the right to increase Membership fees or to institute new fees at any time upon reasonable advance notice. Such changes, if any, will be effective on your next Membership renewal date.

4.2 Trial Periods.  If you are provided a free trial period for your Membership, then the free trial period will last for the period of time specified when you enrolled. Free trials may be provided as part of the purchase of a Game Golf physical product. Free trials may not be combined with certain other offers, as specified. If you begin your Membership with a free trial, we will begin billing your Payment Method for the periodic Membership fees at the end of the free trial period of your Membership, unless you cancel your Membership prior to the 

end of the free trial period. Your Payment Method will be authorized as soon as you register for a free trial. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period.

4.3 Renewal and Cancellation.  Your Membership and your obligation to pay the associated fee will auto-renew until your Membership is terminated. You may cancel your Membership at any time by contacting Game Golf prior to the end of your then-current Membership term. When you request cancellation of your Membership, your Membership will terminate immediately and you will lose, as applicable, access to all Golf Data collected using the App and stored on the mobile device(s) on which the App is installed, and on the Website, and other data and services made available through the Membership.

5. RETURNS AND REFUNDS. 
5.1 30-Day Right of Return. Except for any Products designated on the Website as non-returnable, Game Golf will accept a return of physical Products purchased through the Website, for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of delivery and such Products are returned in their original condition. Before you return Products, you must email our Customer Support Department at support@gamegolf.com to obtain a Return Merchandise Authorization Number (”RMA Number”) before shipping your product. No returns of any type will be accepted without an RMA Number. This right of return does not apply to Products purchased from any source other than the Website.

5.2 Refunds.  Refunds are processed as soon as reasonably practicable after our receipt of your Product. Your refund will be credited to the same Payment Method used to make the original purchase on the Website.

6. WARRANTIES
6.1 Hardware Warranty Terms.  Game Golf warrants its physical Products purchased through the Website as provided in its “Product Limited Warranty” (the “Hardware Warranty”).

6.2 Use Outside the United States.  We make no representation that any Product available through the Website is appropriate or available for use in locations outside of the United States, and accessing the Product or associated services from territories where the Product or associated services are illegal is prohibited. By accessing the Website from other locations, you do so on your own initiative and you are responsible for compliance with local laws.

7. DISCLAIMERS AND LIABILITY LIMITS.  OTHER THAN THE HARDWARE WARRANTY THAT WE PROVIDE IN CONNECTION WITH HARDWARE PRODUCTS PURCHASED THROUGH THE WEBSITE OR FROM RESELLERS OF PRODUCTS AUTHORIZED BY GAME GOLF, GAME GOLF DISCLAIMS ALL WARRANTIES AS SET FORTH IN SECTION 8 OF THE TERMS OF USE. GAME GOLF ALSO DISCLAIMS CERTAIN DAMAGES AND LIMITS ITS LIABILITY AS SET FORTH IN SECTION 9 OF THE TERMS OF USE.

8. MISCELLANEOUS.
8.1 Applicable Law and Jurisdiction.  All matters relating to these Order Terms or the purchase of any Product, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) (collectively “Claims”), shall be governed by and construed in accordance with the internal laws of the State of Delaware, USA, without giving effect to any choice or conflict of law provision or rule. Subject to Section 8.2, all Claims shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, USA, in each case with jurisdiction over Wilmington, Delaware, although we retain the right to bring any Claim against you in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

8.2 JAMS Arbitration.  All Claims shall be resolved exclusively by binding arbitration as set forth in the Terms of Use.

8.3 Limitation on Time to File Claims.  Any Claim you may have must be commenced within one (1) year after the cause of action accrues. Otherwise, such Claim is permanently barred.

8.4 Waiver and Severability.  No waiver by Game Golf of any term or condition set out in these Order Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Game Golf to assert a right or provision under these Order Terms shall not constitute a waiver of such right or provision. If any provision of these Order Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Order Terms will continue in full force and effect.

8.5 Entire Agreement.  These Order Terms, the Terms of Use, the Privacy Policy, and any other Game Golf documents referenced herein or in such other documents constitute the sole and entire agreement between you and Game Golf regarding the purchase of Products and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Products.

8.6 Force Majeure.  Game Golf shall not be liable for any breach of these Order Terms to the extent arising from any factor outside our reasonable control.

8.7 Amendments.  These Order Terms may NOT be altered, supplemented, or amended by the use of any other document(s) you may submit to Game Golf. Any attempt to alter, supplement, or amend these Order Terms or to enter an order for the Product which are subject to additional or altered terms shall be null and void, unless Game Golf expressly agrees otherwise in writing signed by an authorized representative of Game Golf. Game Golf may amend these Order Terms at any time and without notice. Any such amended Order Terms shall be effective with respect to all orders placed after such amended Order Terms are posted on the Website.

COPYRIGHT POLICY

Game Golf takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the "Website") infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below.

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • Your physical or electronic signature.

  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.

  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

  • A statement that the information in the written notice is accurate.

  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Game Your Game, Inc.
Attn:  Copyright
2479 E. Bayshore Rd.

Suite 195

Palo Alto, CA 94303

United States


Email:  support@gamegolf.com

 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

COOKIE POLICY

Game Your Game, Inc. ("Game Golf", "we", "us" or "our") uses “cookies” on our website. This Cookie Policy explains what cookies are, how we use cookies, how third parties we may partner with may use cookies on our site, your choices regarding cookies, and further information about cookies.

WHAT ARE COOKIES

Cookies and other similar tracking technologies are small text files or code placed on your device when you use our website.

OUR USE OF COOKIES

We use cookies and other similar tracking technologies on our website to help us recognize you and your device and store some information about your preferences or past actions.

For example, we may monitor how many times you visit our website, which pages you go to, traffic data, location data and the originating domain name of your internet service provider. Some of this data will be aggregated or statistical, which means that we will not be able to identify you individually.

WHY WE USE COOKIES

We use cookies and other similar tracking technologies to:

  • Recognize you when you visit our website;

  • Obtain information about your preferences and use of our website;

  • Conduct research and statistical analysis to help improve our content and services and to help us better understand our users’ requirements; and

  • Make your online experience more efficient and enjoyable.

TYPES OF COOKIES

The cookies we place on your device fall into the following categories:

Duration

  • Session cookies allow our website to track your actions during a particular browser session. These expire each time you close your browser and do not remain on your device afterwards.

  • Persistent cookies are stored on your device in between browser sessions. These allow us to remember your preferences or actions across our website. These will remain on your device until they expire, or you delete them from your cache.

Function

  • Strictly necessary cookies are essential for you to navigate our website and use its features. 

  • Performance cookies collect information about how you use our website, such as which pages you go to most often. These cookies do not collect personally identifiable information about you. All information collected by these cookies is aggregated and anonymous, and is only used to improve how our website works.

  • Functionality cookies allow our website to remember the choices you make (such as your user name, language, last action and search preferences) and provide enhanced, more personalized features. The information collected by these cookies is anonymous and cannot track your browsing activity on other websites.

  • Targeting cookies are advertising cookies are used to deliver advertisements customized to you and your interests. They are also used to limit the number of times you see an advertisement and help measure the effectiveness of the advertising campaign. 

Source

  • First-party cookies are cookies that we set and use on our website.

  • Third party cookies are set by another website and are used for cross-site tracking, retargeting and advertising.

YOUR OPTIONS REGARDING COOKIES

If you do not want cookies to be placed on your device, you can adjust the setting of your browser to reject some or all cookies and to alert you when a cookie is placed on your device. For further information about how to do so, please refer to the “Help”, “Options”, “Tools” or “Edit” section of your browser or see www.allaboutcookies.org. Please note that if you use your browser settings to block all cookies, you may not be able to access or use all or parts or functionalities of our website.

If you want to remove previously-stored Cookies, you can manually delete the Cookies at any time. However, this will not prevent the Sites from placing further Cookies on your device unless and until you adjust your Internet browser setting as described above.

For more information on the development of user-profiles and the use of targeting/advertising Cookies, please see www.youronlinechoices.eu if you are located in Europe or www.aboutads.info/choices if in the United States.

WEB BEACONS

Webpages and HTML emails may contain a small piece of code called a web beacon. Web beacons allow a website to transfer or collect information through a graphic image request. We may use web beacons for many purposes, including site usage analytics, advertising auditing and reporting, and content and advertising personalization.

By setting your email client to display HTML emails as text only, you may be able to prevent the use of some web beacons. Please consult the "Help" section of your email client for more information.