PARDIE GOLF TERMS OF SERVICE
Last Updated: July 8, 2021
Please read these Terms of Service (“the Agreement”) between Pardie Golf, LLC (“Pardie Golf”, “we”, “us” or “our”) and you, an individual user (“you” or “your”). This Agreement applies to and governs your use of the Pardie Golf mobile application (the “App”) and any related content, applications, systems, features, functionality, software, information, products and services offered by us, including but not limited to the Pardie Golf website, http://www.pardiegolf.com (collectively the “Services”).
- Agreement. By using the App or Services, downloading the App, completing the registration, and/or clicking “I accept” when promoted to accept this Agreement, you understand and agree that (a) you have read, accept, and agree to be bound by this Agreement, and (b) you are of legal age to form a binding contract with Pardie Golf in the jurisdiction where you are located.
- Binding Arbitration and Waiver of Class Action. Please note that paragraph 27 of this Agreement contains provisions governing how claims that you may have against Pardie Golf are resolved, including, without limitation, any claims that arose or were asserted prior to the effective date of this Agreement. In particular, it contains an arbitration agreement which will, with limited exceptions, require disputes to be submitted to binding and final arbitration. By using the Services, you agree that (a) you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (b) you are waiving your right to seek relief in a court of law and to have a jury trial on your claims.
- Effective Date and Termination. This Agreement shall commence as of the Effective Date, which is the date you accept it (in accordance with paragraph 1 above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with this Agreement. You may terminate your use of or registration for the Services at any time by closing your User Account (as defined below) and notifying us in writing of your intent to terminate. Pardie Golf may terminate your use of or registration for the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party, including in the event you have breached this Agreement, or if we are required to by applicable law. You understand and agree that you have no rights (vested or otherwise) in the use of or continued use of the Services, and that your use of the Services is at the discretion of and subject to the decisions of Pardie Golf.
- Modifications. We may modify this Agreement at any time, for any reason, in our sole discretion. If we modify this Agreement, we will provide notice to you within the App. We may also send you notice to the email address you provided. You are solely responsible for providing us with a current and accurate email address. In certain circumstances, we may require you to provide additional consent before any further use of the Services is permitted. We recommend that you check back frequently and review this Agreement regularly so you are aware of the most current rights and obligations that apply to you.
- Compliance. By using the Services, you represent and warrant that (a) you are 18 years of age or older and acknowledge and agree that features, activities, and other aspects of the Services may be subject to other eligibility requirements; (b) your use of the Services does not violate any applicable federal, state, or local law, rule or regulation; and (c) you shall make timely and satisfactory payment for any Services purchased by you. If you provide information that is untrue, inaccurate, incomplete, or we suspect that such information is untrue, inaccurate, or incomplete, we may suspend or terminate your registration (in whole or in part) and refuse any and all current or future use of the Services (or any portion thereof), in its sole discretion, with or without notice to you, and without liability or obligation to you. We also reserve the right to pursue any and all legal remedies that may be available for any damages or other injury caused by such misrepresentation.
- Account Registration. To access and use the Services, we may require that you register for an account (“User Account”), create a unique username and password combination (“User Credentials”), and provide certain additional information, as prompted by our user registration process. By registering, you represent and warrant that all registration and account information you submit is truthful and accurate and that you shall maintain and promptly update the accuracy of such information. You may only have one User Account, and are responsible for maintaining the strict confidentiality of your User Credentials. You are responsible for any access to, or use of, the Services by you or any person or entity using your User Credentials or the device you use to access and use the Services (a “Device”), whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent, including, without limitation, any fee-based transactions. It is therefore critical that you do not share your User Credentials with anyone. You agree to immediately notify Pardie Golf of any unauthorized use of your User Credentials, User Account and/or Device, or any other breach of security, including, without limitation, if your Device is lost or stolen. It is your responsibility to (a) control the dissemination and use of your User Credentials, User Account, and Device; (b) update, maintain, and control access to your User Credentials, User Account, and Device; and (c) cancel your User Account. We reserve the right to deny access, use, and registration privileges to anyone if we believe there is a question about the identity of the person trying to access any account or element of the Services. Pardie Golf shall not be responsible for any loss or damage arising from your failure to comply with this paragraph.
- Third Party Platforms and Services. Some of the Services may be dependent on and/or interoperate with third party owned and/or operated platforms and services (e.g., Facebook, Twitter, Google Play, PayPal, LinkedIn, Apple, etc.) (each, a “Third-Party Platform”) and may require that you be a registered member of such Third-Party Platforms and provide certain account credentials and other information in order to access such Services. Such Third-Party Platforms, in addition to providing application hosting, content distribution, support and other related services, may provide us with certain additional information about you. No Third-Party Platform through which you purchase the Services shall furnish any maintenance or support with respect to the Services, nor shall they address any third-party claims related to your use of the Services. The Services may include advertisements, which may be targeted to content or information on the Service, or other information. The types and extent of advertising by Pardie Golf on the Services are subject to change. In consideration for Pardie Golf granting you access to and use of the Services, you agree that Pardie Golf and its third-party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.
- License. Subject to your compliance with this Agreement, Pardie Golf grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a single Device that you own or control and to run the App solely for your own personal purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “Apple App Store Sourced Application”), you will only use the Apple App Store Sourced Application (i) on an Apple-branded product that runs Apple’s proprietary operating system, and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
- Ownership. As between you and Pardie Golf, Pardie Golf exclusively owns all right, title and interest in and to its website, the App, and Services, and all related content (“Content”). Without limitation, the Content is protected under U.S. Federal and State law, as well as applicable foreign laws, rules, regulations and treaties.
- Restrictions. You must not alter, delete, or conceal any copyright, trademark, service mark or other notices contained on the website, App, or Services, including, without limitation, notices on any Content you transmit, download, display, print, stream, or reproduce from the Services. Except as expressly authorized by Pardie Golf in writing you shall not, nor shall you allow any third-party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website or platform), or otherwise use, the App and/or any Content without the express, prior written consent of Pardie Golf (or its owner, if Pardie Golf is not the owner). Moreover, the framing or scraping of or inline linking to the website, Services, or any Content contained thereon and/or the use of web crawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us in writing in advance is prohibited. You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) used in connection with the Services.
- User Conduct. You are solely responsible for your conduct in connection with the Services. We want to keep the Services safe and enjoyable for everyone and the use of the Services for unlawful or harmful activities is not allowed. You represent, warrant and agree that, while using the Services, you shall not:
- (a) Intentionally or unintentionally engage in or encourage conduct that would violate any applicable law or rule, give rise to civil liability, or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;
- (b) Submit, post, email, display, transmit, or otherwise make available on, through, or in connection with the Services any material that: (i) is, illegal, harmful, threatening, defamatory, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, contains explicit or graphic imagery or descriptions of excessive violence or sexual acts, links to adult content, or promotes discrimination, hatred or harm of any kind against any group or individual; (ii) makes available private information, or creates a security or privacy risk for any other person or entity; (iii) contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any property; or (iv) is false, incorrect, misleading, or fraudulent information, including, without limitation, as it pertains to any golf-related conduct, activities, achievements, initiatives, promotions, and/or opportunities;
- (c) Intentionally or unintentionally engage in or encourage conduct that adversely affects Pardie Golf, Pardie Golf’s affiliates, or any of their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, advertisers, suppliers, operators or service providers, the Services, or causes duress, distress, or discomfort to us or anyone else, or discourages any person or entity from using all or any portion, features or functions of the Services, or from advertising, linking or becoming a supplier to us in connection with the Services;
- (d) Without Pardie Golf’s written agreement, use the Services for commercial purposes, whether you are compensated or not;
- (e) Modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other user;
- (f) Impersonate any person or entity, including, without limitation, a Pardie Golf official, or falsely state or otherwise represent your affiliation with a person, entity or User Posting (as defined herein), transmit or otherwise make available on, through or in connection with the Services false or misleading indications of origin, information or statements of fact;
- (g) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Services, including User Postings (as defined herein);
- (h) Solicit passwords or personal identifying information for commercial or unlawful purposes from other users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of users or other information;
- (i) Modify, reverse engineer, decompile or disassemble the App or any other part of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist or authorize any other person to do so;
- (j) Use the Services 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;
- (k) Use the Services if you are on any U.S. Government list of prohibited or restricted parties; or
- (l) Otherwise use the Services in a manner that violates any applicable law.
- Investigations. Pardie Golf may investigate and take legal action against anyone who, in Pardie Golf’s sole discretion, violates, or is suspected of violating, this Agreement, including, without limitation, making a report to law enforcement authorities. You acknowledge, consent, and agree that Pardie Golf may access, preserve, and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with the legal process; (b) enforce this Agreement; (c) respond to claims that any content or information violates the rights of any third party; (d) respond to your requests for customer or technical service; or (e) protect the rights, property or personal safety of Pardie Golf, its users or any third parties. Pardie Golf also reserves the right, in its sole discretion and without prior notice, to remove the Services from Third-Party Platforms, which would limit your ability to re-download the Services.
- Rules of Golf and Cheating. In using these Services, you will be playing real-world golf. All real-world golf play will be governed by the rules of golf as established by the United States Golf Association and as may be amended from time to time (available at www.usga.org). Pardie Golf’s handicap calculation within the App generally follows USGA principles, but uses its own variation, which can be changed at Pardie Golf’s discretion. For more information, email Pardie Golf at email@example.com. In organizing or providing access to any tournaments, leaderboards, or other Services, Pardie Golf may impose additional rules (including for verification and evidence purposes) in its sole discretion, and Pardie Golf will give you reasonable notice of such additional rules. You agree that you will not cheat, misuse, or otherwise abuse the App or Services, including but not limited to violating the rules of golf. Pardie Golf’s tournaments, challenges, and other features rely on the integrity of real-world golf play, and you agree to fairly represent all real-world play. Pardie Golf reserves the right to conduct any investigation into the integrity of any real-world golf event, for any or no reason. You agree to cooperate with any such investigation, including by providing verification and other evidence of real-world golf play and reported results, as may be requested by Pardie Golf from time to time. Non-cooperation and failure to provide the requested verification and/or evidence (the sufficiency of which is determined by Pardie Golf in its sole discretion) shall be a breach of this Agreement, and Pardie Golf reserves the right to take all actions that it deems appropriate, including termination of your User Account, forfeiture of any Pardie Markers, forfeiture of any tournament or challenge winnings, and any other action (legal or otherwise) that may be available.
You may report any suspected or actual cheating, misuse, and/or abuse to Pardie Golf at firstname.lastname@example.org
- User Postings.
- (a) Defined; Acknowledgements. The Services may provide you and other users with an opportunity to participate in feeds, forums, communities and other message, comment and communication features and functionalities and may provide you with the opportunity to submit, post, email, display, transmit or otherwise make available comments, reviews, links, materials, ideas, opinions, messages, user information, and other information via the Services (each, a “User Posting”, and collectively, “User Postings”). The term “User Posting” also includes all of the information you submit or we may receive that is related to your User Posting. When you submit User Postings you may also be asked to provide information about you and your submission. This may include, without limitation, such things as your User Credentials, a descriptive title, information about the User Posting, your location and/or similar information. You further acknowledge and agree that all User Postings made by means of or in connection with any portion of the Services are public and that (i) you have no expectation of privacy in any User Posting, and (ii) no confidential, fiduciary, contractually implied or other relationship is created between you and Pardie Golf by reason of your transmitting a User Posting to any area of, or in connection with, the Services.
- (b) Responsibility; Liability. You understand, acknowledge and agree that all User Postings are the sole responsibility of the person from which such User Postings originated. This means that you are solely and entirely responsible for the consequences of all User Postings that you submit, upload, post, email, display, transmit or otherwise make available. User Postings do not reflect the views of Pardie Golf, its affiliates, or any of their respective successors and assigns, directors, officers, employees, representatives or agents. You understand that by using the Services, you may be exposed to other user’s User Postings that could be offensive, indecent or objectionable and, as such, Pardie Golf does not guarantee the accuracy, integrity, quality, or content of any User Postings. Under no circumstances shall Pardie Golf be liable in any way for User Postings, including, without limitation, errors or omissions in any User Postings, or any loss or damage of any kind incurred as a result of any User Postings submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available.
- (c) Usage; Restrictions. The Services, including, without limitation, all User Posting features and functionality, are for personal purposes only and you may not submit, post, email, display, transmit or otherwise make available, in any manner, any User Posting that we deem to be an Unauthorized Posting (as defined herein). We have the right, but not the obligation, to review any User Posting and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason, any User Posting, including, without limitation, any Unauthorized Posting; provided, however, that Pardie Golf shall have no obligation or liability to you or any third-party for failure to do so or for doing so in any particular manner or at any particular time. As used herein, the term “Unauthorized Posting” means any User Posting that is or may be construed as violating this Agreement or is otherwise deemed to be unacceptable to Pardie Golf, as determined in Pardie Golf’s sole discretion.
- (d) License; Usage. In connection with all User Postings you submit, post, email, display, transmit or otherwise make available, you grant to Pardie Golf the unlimited, worldwide, non-exclusive, irrevocable, perpetual and royalty-free right, license, authorization, and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Posting on the Services and any other websites, channels, services, and other distribution platforms, whether currently existing or developed in the future, for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sublicense and authorize others to exercise any of the rights granted hereunder to Pardie Golf, in our sole discretion. For the avoidance of doubt, the rights, licenses and privileges described in this Agreement and granted to Pardie Golf shall commence immediately upon submission of your User Posting and shall continue thereafter perpetually and indefinitely, regardless of whether you use the Services as a registered user or not.
- (e) Rights; Representations. Pardie Golf does not acquire any title or ownership rights in the User Postings that you submit and/or make available. After you submit, post, email, display, transmit or otherwise make available any User Posting, you continue to retain any such rights that you may have in such User Posting, subject to the rights, licenses and privileges granted herein. You also represent, warrant and covenant that you own the User Posting posted by you or otherwise have the right to grant the rights, licenses and privileges described in this Agreement and to perform and comply with all of the requirements set forth herein.
- Digital Millennium Copyright Act. Pardie Golf respects the intellectual property of others, and asks you to do the same. Pardie Golf will (a) remove or disable access to material made available on or through the Services that Pardie Golf believes in good faith, upon notice from an intellectual property owner or their agent, to be infringing the intellectual property of a third party; and (b) remove any User Postings uploaded to the Services by “repeat infringers.” Pardie Golf will consider you a “repeat infringer” if Pardie Golf has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to your User Postings. Pardie Golf has discretion, however, to terminate your User Account after receipt of a single notification of claimed infringement or otherwise upon Pardie Golf’s own determination for any other reason.
- Notice of Infringement. If you believe that any content made available on or through the Services has been used or exploited in a manner that infringes an intellectual property right you own or control, then promptly send a “Notification of Claimed Infringement” containing substantially the following information to Pardie Golf’s Designated Agent identified below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that is allegedly infringed;
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;
- Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Pardie Golf to locate the material;
- Information reasonably sufficient to permit Pardie Golf to contact you, such as an address, telephone number and, if available, an email address at which you may be contacted;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notification of claimed infringement must be submitted to the following Designated Agent:
Pardie Golf LLC
Attention: DMCA Copyright Agent
10 Alder Creek Lane
Rochester, NH 03867
Pardie Golf may share the Notification of Claimed Infringement with the user alleged to have infringed a right you own or control, and you hereby consent to Pardie Golf making such disclosure.
If you receive a notification from Pardie Golf that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Pardie Golf a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Pardie Golf’s Designated Agent through one of the methods identified in this section, and include substantially the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, then for any judicial district in which Pardie Golf may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
If you submit a Counter Notification to Pardie Golf in response to a Notification of Claimed Infringement, then Pardie Golf will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Pardie Golf will replace the removed User Postings or cease disabling access to the User Postings in 10 business days following receipt of the Counter Notification, unless Pardie Golf’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Services.
The Copyright Act provides that any person who knowingly materially misrepresents under Section 512 of the Copyright Act (17 U.S.C. § 512) (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorney’s fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of Pardie Golf relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
Pardie Golf reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
- Payment, Pricing, and Related Terms of Service. As part of the functionality of the Services (including the ability to participate in tournaments, challenges, and make purchases from the pro shop), you have the ability to purchase Pardie Markers. Pardie Markers are in-app entertainment tokens, have no cash or other value outside the Services and are not redeemable or exchangeable, except as allowed within the App’s pro shop. Pardie Golf charges a handling fee for each purchase of Pardie Markers. Pardie Golf reserves the right to change the price of Pardie Markers, change the handling fee, charge any associated taxes, or to institute new fees at any time for any reason. All Pardie Marker transactions are non-refundable. However, Pardie Golf reserves the right to cancel any transaction in its sole discretion, in which case you will be given a full refund.
- Payment Method and Terms. For all purchases, you will be charged at confirmation of purchase. The Services accept certain methods of payment which will be indicated at the time of purchase as forms of payment (each, an “Authorized Payment Method”), subject to certain restrictions, including, without limitation, territory restrictions, bank/payment card restrictions, spending limits, third party service provider restrictions or otherwise, which may prevent the processing of your order. If a transaction has been declined online due to payment card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another Authorized Payment Method. If a payment card company is being used for a transaction, Pardie Golf may obtain a pre-approval from the applicable payment card company for an amount up to the amount of the order. All purchases are final once you click the “Submit” or similar button/link and billing to your payment card occurs at such time or shortly thereafter. If payment is not received by us from your credit, debit or charge card issuer or its agents or other payment service provider, you agree to promptly pay all amounts due upon demand by us. Pardie Golf reserves the right to change any and all prices for any Services and other Content at any time, for any reason.
- Pardie Markers. We determine and control the availability and nature of Pardie Markers in our sole discretion. You agree that we may terminate, modify, revalue, or make Pardie Markers more or less available without any notice or liability to you. We reserve the right to set expiration dates for any Pardie Markers purchased upon reasonable notice to you. Pardie Markers may not be sold or exchanged for real money or for value outside of the Services. We provide Pardie Markers to you under a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable, and worldwide license to redeem Pardie Markers within the Services. Accordingly, subject to such limited license, we own and retain all rights, title, and interest in and to the Pardie Markers in the Services. Except as part of the participation in the Services through tournaments, challenges, or other in-app staking, Pardie Markers may not be transferred to any person under any circumstances unless we approve such transfer in writing. We will not be liable to you or required to provide refunds, benefits, or other compensation in connection with unredeemed Pardie Markers. If your Account is terminated for any reason, you may lose all Pardie Markers associated with your User Account.
- Pro Shop. Pardie Markers may be redeemed in the Pardie Golf Pro Shop within the App. The pro shop offers real-world products such as golf balls, t-shirts, and other merchandise or prizes that can be acquired by exchanging Pardie Markers. We have the sole right and discretion to determine what products, if any, are available in the pro shop. We have the sole right and discretion to determine (and change) the number of Pardie Markers needed to redeem for a particular product. We make no representation about the availability of any particular product and reserve the right to exchange or substitute the products acquired for products of similar quality and value. We reserve the right to refund your Pardie Markers if the exchanged product is not available for any reason. We reserve to charge additional processing, handling, and/or shipping fees associated with the redemption.
- Third Party Payment Processors. We use Apple’s in-app purchase function to process payments. Apple may receive personal information from you. You are bound by Apple’s terms and conditions with respect to such in-app purchase functions, and we have no responsibility for or liability for any issues or disputes related to your use of Apple’s in-app purchase function.
- Disputes. If you have a complaint or dispute about a certain charge, or about a certain feature or product made available on or in connection with your use of the Services, you must promptly notify Pardie Golf customer service of such complaint or dispute by sending a detailed email to email@example.com.
- Customer Support. For assistance, questions or complaints please contact:
- Indemnification. To the maximum extent permitted by law, you agree to defend, indemnify and hold Pardie Golf and its affiliates, and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, suppliers and service providers (the “Pardie Golf Parties”) harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’s fees) (collectively, “Claims”), arising in any way out of or in connection with (a) your use of the Services, (b) your breach or violation of this Agreement, or (c) your User Postings. Pardie Golf reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Pardie Golf’s defense of such Claim. This provision does not require you to indemnify the Pardie Golf Parties for any unconscionable commercial practice by Pardie Golf or for Pardie Golf’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the website, App, or any Services provided under this Agreement.
- (f) Generally.THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SERVICES AND THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE HEREBY DISCLAIMED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services, including, without limitation, User Postings and Content associated with your use of the Services.
- (g) Third Party Products and Services. WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY WHATSOEVER FOR GOODS OR SERVICES YOU OBTAIN THROUGH THIRD PARTY SERVICE PROVIDERS OR OTHER WEB SITES, WEB PAGES, APPLICATIONS AND PLATFORMS (EVEN IF ACCESSED OR PURCHASED WITHIN, THROUGH OR IN CONNECTION WITH THE SERVICES), AND ANY SUCH PURCHASES ARE SUBJECT TO THEIR RESPECTIVE TERMS AND CONDITIONS OF USE. YOU ACKNOWLEDGE AND AGREE THAT PRODUCT/SERVICE SPECIFICATIONS AND OTHER INFORMATION HAVE EITHER BEEN PROVIDED BY THE APPLICABLE THIRD-PARTY VENDORS OR COLLECTED FROM PUBLICLY AVAILABLE SOURCES AND WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF ANY SUCH INFORMATION. ACCORDINGLY, WE ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY OF THESE THIRD PARTIES AS SAME IS CONDUCTED AT YOUR SOLE RISK. FURTHER, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE ANY SUCH THIRD-PARTY, AND YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST US OR OUR AFFILIATES WITH RESPECT TO ANY SUCH TRANSACTION. WE ARE NOT RESPONSIBLE FOR ASSISTING YOU IN CORRECTING ANY PROBLEM YOU MAY EXPERIENCE WITH GOODS AND SERVICES PURCHASED THROUGH A THIRD-PARTY SERVICE PROVIDER, EVEN IF THE GOODS OR SERVICES ARE ACCESSED WITHIN, THROUGH OR IN CONNECTION WITH THE SERVICES. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU PURCHASE FROM ANY THIRD-PARTY OPERATIONAL SERVICE PROVIDER AS THOSE ARE OWNED AND OPERATED BY INDEPENDENT ENTITIES. IN SOME CASES, YOU MAY BE REQUIRED TO DIRECT CUSTOMER SERVICE ISSUES RELATED TO GOODS OR SERVICES TO THE RELEVANT THIRD-PARTY OPERATIONAL SERVICE PROVIDER.
- (h) Third Party Products and Services. WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY WHATSOEVER FOR GOODS OR SERVICES YOU OBTAIN THROUGH THIRD PARTY SERVICE PROVIDERS OR OTHER WEB SITES, WEB PAGES, APPLICATIONS AND PLATFORMS (EVEN IF ACCESSED OR PURCHASED WITHIN, THROUGH OR IN CONNECTION WITH THE SERVICES), AND ANY SUCH PURCHASES ARE SUBJECT TO THEIR RESPECTIVE TERMS AND CONDITIONS OF USE. YOU ACKNOWLEDGE AND AGREE THAT PRODUCT/SERVICE SPECIFICATIONS AND OTHER INFORMATION HAVE EITHER BEEN PROVIDED BY THE APPLICABLE THIRD-PARTY VENDORS OR COLLECTED FROM PUBLICLY AVAILABLE SOURCES AND WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF ANY SUCH INFORMATION. ACCORDINGLY, WE ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY OF THESE THIRD PARTIES AS SAME IS CONDUCTED AT YOUR SOLE RISK. FURTHER, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE ANY SUCH THIRD-PARTY, AND YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST US OR OUR AFFILIATES WITH RESPECT TO ANY SUCH TRANSACTION. WE ARE NOT RESPONSIBLE FOR ASSISTING YOU IN CORRECTING ANY PROBLEM YOU MAY EXPERIENCE WITH GOODS AND SERVICES PURCHASED THROUGH A THIRD-PARTY SERVICE PROVIDER, EVEN IF THE GOODS OR SERVICES ARE ACCESSED WITHIN, THROUGH OR IN CONNECTION WITH THE SERVICES. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU PURCHASE FROM ANY THIRD-PARTY OPERATIONAL SERVICE PROVIDER AS THOSE ARE OWNED AND OPERATED BY INDEPENDENT ENTITIES. IN SOME CASES, YOU MAY BE REQUIRED TO DIRECT CUSTOMER SERVICE ISSUES RELATED TO GOODS OR SERVICES TO THE RELEVANT THIRD-PARTY OPERATIONAL SERVICE PROVIDER.
- (i) No Warranty of Timeliness or Availability. You further understand and acknowledge the capacity of the Services, in the aggregate and for each user, is limited. Consequently, some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Pardie Golf assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or for any failure or delay and you are hereby expressly advised not to rely upon the timeliness or performance of the Services for any transactions or User Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
- (j) Limitation of Liability. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Pardie Golf, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATORS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. IN NO EVENT SHALL Pardie Golf’s LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO LIABILITY HEREUNDER; OR (B) $1,000.00 USD.
- (k) No Liability for Injury or Damages Related to Real-World Golf Play. As part of using the Services, you will be playing real-world golf, which requires real-world physical exertion, and poses the risk of real-world physical injury.. In participating in such golf play, you represent and warrant that you are physically fit and otherwise are an in an adequate physical condition to play real-world golf. We strongly advise you to consult with a physician before engaging in real-world golf play. PARDIE GOLF SHALL NOT BE RESPONSIBLE FOR ANY PHYSICAL OR OTHER INJURY THAT YOU SUFFER WHILE PLAYING REAL-WORLD GOLF OR ANY PHYSICAL OR OTHER INJURY OR PROPERTY DAMAGE THAT YOU CAUSE OR ARE RESPONSIBLE FOR WHILE PLAYING REAL-WORLD GOLF. In the event any proceeding is filed or threatened to be filed against Pardie Golf arising out of or related to your real-world golf play, you agree to indemnify the Pardie Golf Parties subject to the indemnification clause in paragraph 25 of this Agreement.
- Dispute Resolution. Please read the following arbitration agreement in this paragraph (“Dispute Resolution”) carefully. It requires you to arbitrate disputes with Pardie Golf and limits the manner in which you can seek relief from us.
- (l) Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the website, to any products sold or distributed through the website, the App, Services, or to any aspect of your relationship with Pardie Golf, will be resolved by binding arbitration, and not in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Pardie Golf may seek equitable relief in court to prevent irreparable harm or for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
- (m) Arbitration Rules and Forum.The arbitration shall be conducted in accordance with the American Arbitration Association Commercial Arbitration Rules, available at www.adr.org. The forum for arbitration shall be Michigan.
- (n) Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Pardie Golf. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. The Federal Arbitration Act and the Michigan Uniform Arbitration shall govern the enforceability of the award.
- (o) Waiver of Jury Trial. YOU AND Pardie Golf HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Pardie Golf are instead electing that all claims and disputes shall be resolved by arbitration under the arbitration provisions of this Agreement, except as otherwise provided above.
- (p) Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, than then claim must be severed from the arbitration and brought into the State or Federal Courts located in Grand Rapids, Michigan, or Detroit, Michigan. All other claims shall be arbitrated.
- (q) Severability Except as provided otherwise in this Agreement, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- (r) Survival of Agreement he arbitration provisions of this Agreement will survive the termination of your relationship with Pardie Golf.
- Entire Agreement; Severability; Survival; Waiver. This Agreement contains the entire understanding and agreement between you and Pardie Golf concerning the website, the App, and the Services and supersedes any and all prior or inconsistent understandings relating to the Services and your use thereof. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and this Agreement shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). The failure of Pardie Golf to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.
- Governing Law and Venue. This Agreement and your use of the website, the App, and Services is governed by, construed and enforced in accordance with the internal substantive laws of the State of Michigan (notwithstanding the State’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in Michigan, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in Michigan for any claims that cannot be resolved in accordance with the arbitration provisions of this Agreement and agree you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non convenience or otherwise. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
- Notice. Where Pardie Golf requires that you provide an email address, you are responsible for providing Pardie Golf with your most current email address. In the event that the last email address you provided to Pardie Golf is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Pardie Golf at the following address: Pardie Golf LLC, 10 Alder Creek Lane, Rochester, NH 03867 and by email, firstname.lastname@example.org. Such notice shall be deemed given when received by Pardie Golf by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
- Assignment. This Agreement, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by Pardie Golf without restriction, notice or other obligation to you.
- App Stores. You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store (“App Store”). You acknowledge that this Agreement is between you and Pardie Golf and not with the App Store. Pardie Golf, not the App Store, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce it.
Pardie Golf Customer Support
10 Alder Creek Lane
Rochester, NH 03867