Terms & Conditions
Last Updated: April 26, 2025
Summary of Key Points
- Acceptance & User Obligations: By using GolfGuiders, you agree to these Terms and our related policies (like our Privacy Policy). You must be of legal age (usually 18+, or 13+ with parental consent) and use our services only for lawful purposes. Keep your account information accurate and confidential, and follow all rules and laws when using GolfGuiders.
- Purchases & Returns: If you make a purchase through GolfGuiders, you agree to pay any fees and taxes. All purchases are subject to our Return Policy which outlines how returns, refunds, or exchanges are handled. Please review it before buying. We reserve the right to cancel orders or limit quantities, and we will correct any pricing errors that arise.
- Prohibited Activities: You are not allowed to misuse GolfGuiders. This means no illegal content or activities, no harassing or abusing other users, no spamming or hacking, and no infringing on others’ rights. If you engage in prohibited conduct (detailed below), we may suspend or terminate your account.
- User Content: You retain ownership of content you post (like comments, photos, etc.), but you give GolfGuiders a license to use it to operate and promote the service. You’re responsible for what you post – it must be content you have rights to, and it can’t be unlawful or violate anyone’s rights. We can remove user content that violates our standards.
- Intellectual Property: GolfGuiders owns or licenses all content and materials in our services (logo, design, text, etc.). You can use the platform for personal use, but you may not copy, distribute, or exploit our content without permission.
- Mobile App Use: We grant you a license to use our mobile app on your personal device. You must not misuse the app (no reverse engineering, no unauthorized sharing, etc.). If you download the app via Apple App Store or Google Play, be aware that Apple or Google are not responsible for the app and have no obligations to you under these Terms. They are third-party beneficiaries to these Terms and can enforce them.
- Third-Party Links & Services: GolfGuiders may contain links to third-party websites or services. We are not responsible for third-party content or dealings – visiting or buying from those is at your own risk under their terms.
- Disputes & Arbitration: If you have a dispute with us, we ask you to contact us first. Unresolved disputes will be handled by binding arbitration on an individual basis (no jury, no class actions) as described in these Terms. This means you waive your right to go to court or be part of a class lawsuit, except for specific limited cases.
- Limitation of Liability: GolfGuiders is provided “as is”. We make no guarantees that it will be perfect or always available. To the maximum extent allowed by law, GolfGuiders won’t be liable for damages or losses arising from your use of our services. In simple terms, if something goes wrong, your remedies are limited – we do not generally cover losses or damages except as required by law.
Table of Contents
Agreement to Terms
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and GolfGuiders, Inc. (“GolfGuiders,” “we,” “us,” or “our”). By accessing or using the GolfGuiders website, mobile application, and services (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms and our related policies, including our Privacy Policy and Return Policy, which are hereby incorporated by reference. If you do not agree to these Terms or any policy referenced herein, do not use our Services.
Supplemental terms or rules may apply to certain services or features (for example, additional guidelines for promotions or community standards). Any supplemental terms will be disclosed to you in connection with the relevant services and are also incorporated into these Terms. In the event of a conflict between such supplemental terms and these Terms, the supplemental terms will govern for that specific service or feature.
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Modification of Terms
GolfGuiders may modify or update these Terms from time to time. We will update the “Last Updated” date at the top of this page when we do so. If changes are material, we may provide additional notice (such as by email or a pop-up notification). By continuing to use the Services after an update, you agree to the revised Terms. It is your responsibility to review these Terms periodically. If you do not agree to the changes, you must stop using the Services. -
Eligibility
The Services are intended for users who are at least 18 years old. However, if you are 13 or older but under 18 (or the age of legal majority in your jurisdiction), you may use GolfGuiders only with the permission and supervision of a parent or legal guardian who agrees to be bound by these Terms. GolfGuiders is not intended for children under 13, and such use is prohibited. By using the Services, you represent that you meet the applicable age requirements and are legally able to agree to these Terms. -
International Users
GolfGuiders is based in the United States, and our Services are controlled and offered from the U.S. We make no representation that the Services are appropriate or available for use in other locations. If you access the Services from other jurisdictions, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent they apply.
Scope of Services
GolfGuiders provides an online platform and mobile application designed to enhance your golfing experience. Our Services allow golfers to connect and socialize with each other, share information and content about golf, and access various golf-related resources, products, or services. Features may include creating a user profile, posting content (such as messages, photos, or reviews), engaging in community discussions, finding or connecting with other golfers or golf instructors/guides, and possibly purchasing golfing services or merchandise through our platform.
All new features, tools, or services which are added to GolfGuiders in the future will also be subject to these Terms. We reserve the right to modify the scope of our Services, add or remove features, or discontinue parts of the platform as described in the Modifications and Interruptions section below.
Please note that GolfGuiders itself does not directly provide golfing lessons or act as a professional golf guide; rather, it may serve as a venue for users to connect with each other or third-party service providers. We are not responsible for the conduct, advice, or services provided by individual users or third parties you may meet through GolfGuiders. Any arrangements or communications with other users or service providers are solely between you and that party, and subject to any terms you agree on with them (unless explicitly stated by GolfGuiders).
By using our Services, you understand and agree that: (a) We do not guarantee any specific outcomes from using GolfGuiders (for example, we can’t guarantee you will improve your golf score or find a perfect golf partner); and (b) any advice or information you obtain through our platform is used at your own risk. Always exercise common sense and caution in your interactions with others and in making decisions based on information from the Services.
Intellectual Property Rights
Unless otherwise indicated, all content, materials, and features available on or through the Services are the proprietary property of GolfGuiders, Inc. or are used under license. This includes (but is not limited to) all text, graphics, logos, images, audio clips, video, software, code, data compilations, page layout, design, user interfaces, and the compilation and arrangement of such content (collectively, the “Content”), as well as all trademarks, service marks, logos, and trade names (“Marks”) used on the Services. These are protected by copyright, trademark, and other intellectual property laws. GolfGuiders and our licensors retain all rights, title, and interest in the Services and Content.
Limited License to You: As a user of GolfGuiders, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services and to view the Content for your personal, non-commercial use only. This license is conditional on your continued compliance with these Terms. You may not otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our Content or Materials from the Services, except as expressly allowed in these Terms or with our prior written consent.
Specifically, you agree not to:
- Copy, scrape, or archive any portion of the Services or Content (except for caching necessary for personal use or as otherwise permitted by law);
- Remove or alter any copyright, trademark, or other proprietary rights notices from the Services or Content;
- Use any of our Marks (such as “GolfGuiders” or our logos) without our express written permission, including any use that might confuse other users or dilute our brand;
- Use the Content for any commercial purpose or for any public display beyond what the Services enable without our permission.
User Feedback: If you send us any feedback, suggestions, ideas, or other information about GolfGuiders or how to improve it, you agree that we are free to use and implement those ideas without compensation or obligation to you. Such feedback is not confidential, and we may use it for any purpose, in any way, worldwide, forever.
This Intellectual Property Rights section does not apply to User-Generated Content (defined below) that you post, which is covered under the “User-Generated Content” section of these Terms. However, be aware that when you post your own content, you are granting us certain rights to use it as explained in that section.
User Accounts and Registration
To access certain features of GolfGuiders (such as posting content or connecting with others), you may be required to create a user account. You agree to provide true, current, and complete information during registration and to keep that information updated (for example, if you change your email address, you should update it in your profile). You must not impersonate anyone or choose a username that is offensive, vulgar, or infringes someone’s rights. We reserve the right to suspend or reclaim usernames that we determine (in our sole discretion) is inappropriate or violates these Terms or the rights of others.
Account Security: You are responsible for maintaining the confidentiality of your account login credentials (username and password) and for restricting access to your account. You agree to not share your password with anyone else. You are responsible for all activities that occur under your account, whether or not you authorized them. If you suspect or become aware of any unauthorized use of your account or any breach of security, notify us immediately at support@golfguiders.com. We are not liable for any loss or damage arising from your failure to keep your credentials confidential.
Account Restrictions: You may only create and hold one personal account (unless expressly permitted to have multiple by GolfGuiders, such as separate accounts for business or instructor purposes). You may not transfer or sell your GolfGuiders account to another person, nor create an account for anyone other than yourself without permission. If you’re registering on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms (in which case “you” will refer to that entity).
User Representations
- By using GolfGuiders, you represent and warrant that all of the following are true:
- Accurate Information: All registration or profile information you submit to GolfGuiders is truthful, accurate, and up-to-date, and you will maintain the accuracy of such information (promptly updating any information as needed so it remains correct).
- Legal Capacity: You have the legal capacity and authority to agree to these Terms. If you are an individual, you are at least 18 years old (or if you are 13 or older but under 18, you have your parent or guardian’s permission to use the Services, and they have reviewed and agreed to these Terms on your behalf). You are not a person barred from using our Services under the laws of any applicable jurisdiction.
- Compliance with Terms and Laws: You will use the Services in compliance with these Terms and all applicable laws and regulations. You will not use GolfGuiders for any fraudulent, unlawful, or unauthorized purpose.
- No Unauthorized Access: You will not access or attempt to access the Services through any automated or non-human means (such as bots, scripts, or scrapers) without our prior permission. You will not disguise the origin of information transmitted through the Services or use someone else’s account without authorization.
- No Harmful Conduct: You will not use the Services in a way that could disrupt, damage, overburden, or impair the platform or interfere with any other person’s use and enjoyment of the Services.
- No Violation of Rights: Your use of GolfGuiders will not infringe or violate the rights of any other person or entity, including intellectual property rights, privacy rights, or any other legal rights.
- If you breach any of these representations, we reserve the right to suspend or terminate your account (see Termination section below) and prohibit any current or future use of the Services by you.
Prohibited Activities
- You agree NOT to engage in any of the following prohibited activities on or in relation to our Services:
- Illegal or Unauthorized Use: Using the Services for any purpose that is unlawful or prohibited by these Terms. You must not violate any applicable law or regulation while using GolfGuiders (including, but not limited to, privacy, intellectual property, and export control laws).
- Infringing Content: Posting, sending, or otherwise transmitting any content that infringes or violates another person’s rights (including intellectual property rights and rights of privacy/publicity) or that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, or intentionally harmful. This includes content that is racist, sexist, pornographic, excessively violent, or otherwise objectionable (no hate speech, bullying, or graphic violence).
- Impersonation & Misrepresentation: Impersonating any person or entity, or falsely stating or misrepresenting your identity, affiliations, or the origin of content. You may not pretend to be another user, celebrity, public figure, GolfGuiders staff, or anyone else you’re not.
- Unsolicited Communications (Spam): Sending any unauthorized advertising or promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited messages to other users of GolfGuiders. Similarly, you must not collect or harvest personal information about other users (such as email addresses) without their consent.
- Data Mining or Scraping: Engaging in any systematic retrieval of data or other Content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission. You also agree not to use any robot, spider, site search/retrieval application, or other automatic device, process, or means to access, retrieve, scrape, or index the Services or any Content.
- Interference with Service Functionality: Interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services. This includes not attempting to bypass or disable any security or technical measures (such as access controls or encryption) used by GolfGuiders to protect the Services. Examples of prohibited interference include: introducing viruses, malware, or harmful code; flooding the platform with excessive requests or traffic (“DDOS” attacks); or otherwise attempting to disrupt the normal operation of the Services.
- Unauthorized Access: Attempting to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services, by hacking, password “mining,” or any other illegitimate means. You also agree not to probe, scan, or test the vulnerability of the Services or any network connected to the Services.
- Reverse Engineering & Software Misuse: Disassembling, decompiling, reverse engineering, or otherwise attempting to discover or derive the source code of the software underlying the Services (except as allowed by applicable law). You must not modify, adapt, translate, or create derivative works based on the Services, nor use any of our software or interfaces for any commercial purpose.
- Commercial Exploitation: Using the Services or any Content for any commercial purpose not expressly approved by GolfGuiders. This means you should not use GolfGuiders as a platform to advertise or sell products/services to other users (outside of any officially supported commerce features we may provide). You also should not use the Services in a manner that competes with our business or endeavors to divert our users to a competitor.
- Harassment and Harm: Harassing, stalking, bullying, or threatening other users, our staff, or any third party. You agree not to advocate, encourage, or assist any third party in harassing or harming anyone. Any form of abuse or intimidation on the platform is strictly prohibited.
- Posting False or Misleading Content: You must not post content that is intentionally false, misleading, or defamatory. This includes fake reviews, false information about others, or any attempt to deceive users.
- Violation of Privacy: You may not post anyone’s sensitive personal information without their consent. This includes things like addresses, phone numbers, email, financial information, or any personal data that is not yours to share.
- Circumvention: You will not attempt to circumvent any content filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access (for example, private sections or non-public functionalities).
- Other Harmful Acts: Engaging in any other conduct that restricts or inhibits any person from using or enjoying GolfGuiders, or which, in our judgment, exposes GolfGuiders or our users or partners to any liability or detriment of any type.
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This list of prohibitions is not exhaustive. Any behavior that we deem contrary to the spirit of providing a safe, enjoyable, and fair platform may result in action against your account. Violation of the above rules may result in the suspension or termination of your rights to use the Services (in whole or in part) and may also subject you to civil or criminal liability.
User-Generated Content
- GolfGuiders may allow users to create, submit, post, upload, or share content and materials such as text, messages, photos, videos, reviews, ratings, profiles, comments, or other materials (“User Content”). By posting or uploading any User Content on GolfGuiders, you agree to the following terms:
- Your Rights and License to GolfGuiders: You retain any ownership rights you have in the User Content you create. However, by making User Content available on or through our Services, you hereby grant to GolfGuiders a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify (for formatting or technical purposes, for example), adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content in connection with operating, marketing, and providing the Services. This license allows us to display your content to other users (as you direct, such as when you post a comment or photo), to promote or advertise our Services (for example, showing screenshots or snippets that might include your content), and to make backups or copies for safety and technical reasons.
- This license ends when you remove or delete your User Content from our Services, with the following exceptions: (a) content that you have shared with others that they have not deleted (for example, if you posted a comment and it was quoted by someone else, or you sent a message to another user, that content may persist); (b) copies we have made for backup, archival, or legal purposes may persist for a limited time; and (c) if your content was used in any advertising or promotional materials, we may not be able to retract those that have already been distributed, but will cease new uses of your content after removal. Note that removal of content from your visible profile or the Services does not necessarily delete all traces of the content from the internet (e.g., if others have copied or re-shared it) – we cannot control that.
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Your Responsibilities and Representations: Whenever you post or contribute User Content, you represent and warrant that:
- Ownership & Permissions: You own the content or have obtained all necessary rights, licenses, consents, and permissions to lawfully share it. This means, for example, you took the photo or wrote the text yourself, or you have permission from the creator to post it.
- No Infringement: Your User Content does not infringe any copyright, trademark, patent, trade secret, or other intellectual property rights of any person or entity. (If you use any third-party content in what you post, you must have permission or it must be in the public domain or under a license that allows such use.)
- Compliance with Laws: Your User Content complies with all laws and these Terms. It is not illegal, and does not include any material that is obscene, defamatory, libelous, slanderous, pornographic (no child or non-consensual pornography), or otherwise objectionable. It also does not include any content that exploits or harms minors, or that violates any privacy or publicity rights of a third party.
- No Hate or Harassment: Your User Content is not hateful or harassing. It does not include offensive comments or material that discriminates against or attacks any person or group based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or any other characteristic. It also does not advocate violence or encourage any illegal activities.
- Truthfulness: Your User Content is truthful and not misleading. You should not post false information or impersonate others through the content you share. For example, any reviews or ratings you provide should reflect your honest opinions and actual experiences.
- Consent for Others: If your User Content includes personal information or images of others (for instance, a photo of a friend or a testimonial involving someone else), you have that person’s consent to post it. You should not share someone’s personal data or likeness without permission.
- No Malicious Code: Your User Content does not contain any kind of malicious code, viruses, or any software that could damage or interfere with the Services or other users’ devices or data.
- Our Rights Regarding User Content: We do not claim ownership of your User Content, but we reserve the right (though not the obligation) to review, screen, remove, edit, or delete any User Content at any time at our sole discretion, particularly if we believe it violates these Terms or applicable law, or for any other reason. However, we are not responsible for any failure or delay in removing such material.
- GolfGuiders also has the right (but not the obligation) to monitor or moderate the user-generated areas of the Services, or to engage third parties to do so. Keep in mind that we do not pre-approve every piece of content and we are not responsible for what users post. Content posted by users is theirs alone and does not necessarily reflect our opinions or policies. We do not guarantee the accuracy, integrity, or quality of User Content, and we take no responsibility for any user’s content (and any loss or damage it may cause). By using GolfGuiders, you understand that you may encounter User Content that you find inappropriate or offensive. If you see content that you believe violates these Terms or our guidelines, you can report it to us. We will review reports and take action at our discretion.
- No Confidentiality: Any User Content you post to public areas of the Service is considered non-confidential and non-proprietary. Do not share anything in a public forum on GolfGuiders that you would not want to be publicly available (for example, personal contact info in a comment). For details on how we handle personal data you provide, see our Privacy Policy.
- Your Liability: You are solely responsible for your User Content and may be held liable for what you post. GolfGuiders will not be responsible to you or any third party for any claims arising from your User Content. You agree that if anyone brings a claim against GolfGuiders related to the content you have posted, you will indemnify and hold GolfGuiders harmless from any such claim, as described in the Indemnification section of these Terms.
- Your Liability: You are solely responsible for your User Content and may be held liable for what you post. GolfGuiders will not be responsible to you or any third party for any claims arising from your User Content. You agree that if anyone brings a claim against GolfGuiders related to the content you have posted, you will indemnify and hold GolfGuiders harmless from any such claim, as described in the Indemnification section of these Terms.
Purchases and Returns
- Some features of GolfGuiders might allow you to purchase products or services (for example, booking a golf session with a guide through the platform, or buying golf-related merchandise). By making a purchase through the Services, you agree to the following terms:
- Orders and Payment: You must provide a valid payment method (such as a credit card or other accepted payment service) and accurate billing information when making a purchase. You agree to pay all charges at the prices displayed to you for the items or services you’ve selected, as well as any shipping fees, handling charges, taxes, or other applicable amounts. All payments are to be made in the currency specified (if not specified, U.S. Dollars). If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (including charging other payment methods on file, and/or retaining collection agencies and legal counsel).
- Pricing and Availability: Prices for products or services are subject to change without notice. We strive to display accurate price information, but errors may occur. If an error in pricing is discovered (e.g., an item is listed at an incorrect price), we reserve the right to cancel or refuse any orders placed for that item at the incorrect price. If your credit card or account has already been charged for the purchase and your order is canceled due to a pricing error, we will issue a credit or refund in the amount of the incorrect price. All products and services are subject to availability, and we cannot guarantee that items will be in stock or available when you order.
- Order Confirmation & Cancellation: After you place an order, we may send you an order confirmation email with details of the items/services you have ordered. This email is an acknowledgment of your order, not an acceptance of it. We reserve the right to accept or reject any order for any reason, including suspicion of fraud, unauthorized or illegal transaction, or where an item is out of stock. If we cancel an order, we will refund any amounts paid for that order.
- Third-Party Payment Processors: We may use third-party payment processors to handle payment transactions (for example, Stripe, PayPal, App Store in-app purchases, etc.). Your payment information is handled by these third parties pursuant to their terms and privacy policies. GolfGuiders does not store your full payment card details on our own systems. By making a purchase, you agree to be bound by the applicable terms of service of the payment processor in addition to these Terms.
- Return and Refund Policy: All purchases made through GolfGuiders are subject to our Return Policy (available at the link provided in these Terms). The Return Policy is hereby incorporated into these Terms. The Return Policy outlines the conditions under which you may return a product or cancel a service for a refund or exchange, the time limits for returns, and any items that may be final sale or non-refundable. Before making a purchase, please review the Return Policy. By completing a purchase, you acknowledge that you have read and understood the Return Policy.
- In general, if you are dissatisfied with a product or service you obtained through GolfGuiders, please contact us as described in the Return Policy. We will make reasonable efforts to address your concerns consistent with that policy. Certain products (for example, perishable goods, custom-made items, or digital content) may not be returnable or refundable except as required by law.
- In-App Purchases: If any portion of the Services allows purchasing through mobile app marketplaces (such as buying a premium feature via Apple App Store or Google Play in-app purchase), those purchases may also be governed by the app store’s own terms and conditions. For example, purchases made through the Apple iOS application are subject to Apple’s payment terms and may be billed by Apple, not directly by GolfGuiders. Likewise, refund requests for such in-app purchases may need to be directed to the app store platform if their policies require it. We will adhere to the app store policies for in-app transactions.
- Promotions and Coupons: Any promotions, discount codes, or special offers (collectively “Promotions”) made available through the Services are subject to their own terms and may be terminated or modified at any time. Promotions cannot be applied retroactively to past purchases and are often limited to one per user and/or one per order. If you use a Promotion in violation of its terms or these Terms, we reserve the right to cancel the order or charge you the full price.
- By making a purchase, you also represent that you are using the purchased product or service only for its intended purpose and not for resale or unauthorized distribution.
Mobile Application License
- If you access or use the GolfGuiders Services through our mobile application (“the App”), then in addition to all other terms herein, the following terms apply to your use of the App:
- License Grant: GolfGuiders grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and use a copy of the App on a mobile device (phone or tablet) that you own or control, and to access and use the App and Services on such device for your personal, non-commercial use, strictly in accordance with these Terms.
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License Restrictions: You agree that you will NOT:
- Reverse Engineer or Derive Source Code: Decompile, reverse engineer, disassemble, or attempt to derive the source code of the App, or any part thereof, except to the limited extent expressly permitted by applicable law (despite this limitation).
- Modify or Create Derivatives: Modify, adapt, translate, or create derivative works based on the App or any part of it. You may not copy (except for backup purposes) or reproduce the App, except as allowed in this license.
- Illegal or Unauthorized Use: Use the App in violation of any applicable laws, rules, or regulations, or for any purpose not expressly permitted by us. This includes not using the App while engaging in any dangerous activities (for example, you shouldn’t be using the app while driving in a way that violates traffic laws).
- Remove Notices: Remove, alter, or obscure any proprietary notices (including copyright, trademark, or patent notices) that GolfGuiders or our licensors have placed on or within the App.
- Multiple Users or Devices: Make the App available over a network or in any environment that allows multiple devices or users to access or use the App simultaneously, unless such use is expressly authorized by GolfGuiders. (Essentially, you can’t share the app in a way that bypasses the need for each user to download it from an official source.)
- Commercial or Competitive Use: Use the App as part of any effort to build a competing product or service, or use it in any manner to produce revenue-generating activities outside the intended use of the App. For example, you should not use our App’s interface or underlying ideas to create a service that competes with GolfGuiders.
- Automated Queries or Scraping: Use the App to send automated queries to any website or service, or use any automated system (like a “bot” or “scraper”) through the App to extract data or content. The App is meant for interactive use by real individuals.
- Unauthorized Integrations: Use any proprietary interfaces or communication protocols of GolfGuiders in any way not expressly allowed by us, for example, in developing unauthorized applications or accessories for use with the App.
- Updates: We may from time to time provide updates, patches, bug fixes, or new versions of the App (“Updates”). You agree that these Updates are subject to these Terms (unless accompanied by separate terms). We encourage you to install updates promptly. Failure to install Updates may impair the functionality of the App or pose security risks, for which we will not be responsible. We reserve the right to make Updates mandatory in order to ensure the security or functionality of the Services.
- Mobile Carrier and Data: Be aware that using the App may incur data charges from your mobile carrier. You are solely responsible for any mobile carrier charges that result from your use of the App (such as data and text messaging fees). Using certain features of the App may require messaging (SMS) or data access and the rates of your plan apply. If you are not sure what those charges may be, you should check with your carrier before using the App extensively.
App Store Specific Terms
- If you download or access the GolfGuiders App from a third-party app store or platform (for example, the Apple App Store or Google Play Store), you acknowledge and agree to the following additional terms. These terms are required by the app store providers and are intended to clearly delineate their responsibilities and relationship to you in connection with the App:
- Relationship with App Store: These Terms are between you and GolfGuiders, Inc., not with the app store provider (Apple or Google or any other platform). GolfGuiders, not any app store, is solely responsible for the App and its content. The app store provider has no obligation to provide any maintenance or support services for the App.
- Usage Rules: Your use of the App must comply with the app store’s terms and conditions. For example, if you downloaded the App from the Apple App Store, you agree to use it only on Apple devices that you own or control and as permitted by Apple’s App Store Terms of Service. If from Google Play, you will abide by the Google Play Terms of Service and any other applicable Google policies.
- Warranty and Support: As between GolfGuiders and the app store provider, any maintenance and support needed for the App will be handled by GolfGuiders. The app store has no responsibility for providing support or updates for the App. If you have any issues with the App, please contact us (not Apple or Google) for support. Likewise, we are responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. However, in the event the App fails to conform to any applicable warranty and you downloaded it via the Apple App Store, you may notify Apple and Apple may refund the purchase price (if you paid to download the App; the App is free, so typically no charge) – to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty will be GolfGuiders’s responsibility, not Apple’s or Google’s (our liability is limited under the “Limitation of Liability” section of these Terms).
- App Store is Not Liable: The app store provider (Apple, Google, etc.) is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App. This includes, but is not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) intellectual property infringement claims. GolfGuiders, Inc. is solely responsible for handling all such claims, which are governed by these Terms and applicable law.
- Legal Compliance: You represent and warrant that (i) you are 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 (ii) you are not listed on any U.S. government list of prohibited or restricted parties. (This is a requirement especially for Apple, in compliance with U.S. export control laws.)
- Third-Party Terms: You must comply with any applicable third-party terms of agreement when using the App. For example, if the App integrates with VoIP services or social media, you must not violate your wireless data service agreement or the terms of those third-party services when using our App.
- Third-Party Beneficiary Status: You acknowledge and agree that the app store provider (e.g., Apple Inc. for iOS, Google LLC for Android) and its subsidiaries are third-party beneficiaries of these Terms as they relate to your use of the App. This means that upon your acceptance of these Terms, the app store provider will have the right (and will be deemed to have accepted the right) to enforce these App-specific terms against you as a third-party beneficiary thereof. For example, if you violate the usage rules of the App in a way that also breaches the app store’s terms, Apple or Google would have the right to enforce the terms against you.
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Apart from the foregoing, no other third party is a beneficiary of these Terms. You acknowledge that the app store providers are not responsible for the App or its content in any way, and all inquiries or issues relating to the App (e.g., intellectual property claims, or anything mentioned above) should be directed to GolfGuiders and not to the app store.
Third-Party Content and Links
- The GolfGuiders Services may include content provided by third parties, or links to websites and resources that are not owned or controlled by GolfGuiders (collectively, “Third-Party Content”). For example, users or other third parties might post links to external websites, or we might display information (such as golf course data, tips, or advertisements) provided by third-party sources.
- No Endorsement or Control: GolfGuiders does not endorse, guarantee, or assume responsibility for any Third-Party Content. Third-Party Content is provided for your convenience or information only. We do not control or vet third-party websites or content. This means any information, statements, opinions, services or other content made available by third parties (including other users) belong to those third parties, not to GolfGuiders. We make no representations or warranties concerning Third-Party Content’s accuracy, validity, timeliness, completeness, quality, or reliability.
- At Your Own Risk: If you access third-party websites or content via links on our Services, you do so at your own risk. When you click a third-party link, you are leaving the GolfGuiders platform and the terms and policies of the third-party site will apply, not these Terms. For example, if someone posts a link to a golf equipment store and you click it, that store’s privacy policy and terms of sale will govern your visit and any purchase. GolfGuiders is not responsible or liable for any loss or damage you incur by dealing with third parties. This includes if you follow advice from a user that leads you to a third-party service, or if you engage with an advertiser or sponsor through our platform.
- Third-Party Services or Integrations: If GolfGuiders integrates or uses any third-party services (for example, a mapping service to show golf course locations, or a social media login feature), your use of those features may be governed by the third party’s terms. We will try to indicate when a feature is subject to additional third-party terms (for instance, using a Google Maps feature in the app would be subject to Google’s Maps/Google Earth Additional Terms of Service and Privacy Policy). By using a feature that relies on Third-Party Content or services, you agree to the third party’s applicable terms as well.
- Transactions with Third Parties: Any transactions, communications, or dealings between you and any third party found on or through GolfGuiders are solely between you and that third party. This includes, for example, if you hire or meet up with a golf coach you found through our Service, or if you click on an advertisement and buy something from that advertiser. GolfGuiders is not a party to those dealings. If a dispute arises between you and any such third party, we will not be responsible for it and you release GolfGuiders (and our officers, directors, employees, agents, and affiliates) from any claims or damages arising out of or in any way connected with such dispute.
- Advertisements: The Services may display advertisements or promotions from third parties. Your dealings with advertisers and your participation in promotions are solely between you and the advertiser. Again, GolfGuiders is not responsible for any loss or damage of any sort incurred as a result of those dealings or as a result of the presence of third-party ads on our Services.
- External Links: Inclusion of any link on the Services does not imply that GolfGuiders endorses the linked site or service. We cannot guarantee that any third-party links will be functional, safe, or accurate. Always use caution when clicking on unfamiliar links, and read third-party privacy policies and terms.
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In summary, while we aim to provide helpful resources and a great network through GolfGuiders, we are not responsible for third-party offerings. You agree that GolfGuiders will not be liable for any content, actions, or omissions of any third parties, and that you use or rely on Third-Party Content solely at your own discretion and risk.
Copyright Infringement (DMCA) Policy
- GolfGuiders respects the intellectual property rights of others and expects our users to do the same. It is our policy, in appropriate circumstances, to remove or disable access to material that infringes on the copyrights of others and to terminate the accounts of repeat infringers. This section outlines the procedure to notify us of alleged copyright infringement on our Services, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws.
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DMCA Takedown Notices (Claims of Infringement): If you believe that any content available on GolfGuiders (including any User Content) infringes your copyright, please send a written notice of copyright infringement to our designated copyright agent at the contact details below. Your notice must include all of the following information (per 17 U.S.C. § 512(c)(3)):
- Identification of the copyrighted work that you claim has been infringed. If multiple copyrighted works are involved, you may provide a representative list.
- Identification of the infringing material or the subject of infringing activity, with information reasonably sufficient to permit us to locate it on the Services (e.g., a URL or clear description of its location).
- Your contact information – including your full name, mailing address, telephone number, and email address – so that we can reach you if needed.
- A good faith statement that you believe the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- An accuracy and authority statement that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner of the exclusive right that is allegedly infringed.
- Your physical or electronic signature. (Typing your full name at the end of an email or document can count as an electronic signature.)
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Please be aware that under U.S. law, if you knowingly misrepresent that material on our site is infringing when it isn’t, you may be liable for damages (including costs and attorneys’ fees). So, only submit a DMCA notice if you honestly believe there’s infringement.
Designated Copyright Agent:
GolfGuiders, Inc. – DMCA Agent
Attn: Privacy Team, 1801 130th Ave NE, Suite 100, Bellevue, WA 98005
Email: legal@golfguiders.com
We recommend emailing for fastest response. Include “DMCA Notice” in the subject line. - Upon receiving a valid DMCA notice, we will review it and, if appropriate, remove or disable access to the allegedly infringing material. We will also notify the user who posted the material (if applicable) that we have removed or disabled content as a result of a DMCA notice. It is our policy to terminate the accounts of users who are found to be repeat infringers in appropriate circumstances.
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Counter-Notification (If Your Content Was Removed): If you are a user and believe that content you posted was wrongly removed in response to a copyright notice (for example, because you believe it is not infringing or you have authorization), you may submit a counter-notification to our Copyright Agent. Your counter-notification must include:
- Identification of the removed material and the location where it appeared before removal (e.g., the specific URL or a clear description).
- A good faith statement under penalty of perjury that you believe the material was removed or disabled due to mistake or misidentification.
- Your contact information – including your name, address, and telephone number – and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district where your address is located (or, if outside the U.S., for any judicial district where GolfGuiders may be found, such as the Western District of Washington), and that you will accept service of process from the person (or their agent) who submitted the original DMCA notice.
- Your physical or electronic signature. (Typing your full name counts as an electronic signature.)
- If we receive a valid counter-notification, we may restore the removed content after at least 10 business days, unless our Designated Agent first receives notice from the original complaining party that they have filed a court action seeking to restrain the user from engaging in the infringing activity. Until that time, your content may remain offline.
- Repeat Infringers: In accordance with the DMCA and other applicable laws, GolfGuiders has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also limit access to the Services or terminate any user who infringes any intellectual property rights of others, whether or not there is repeat infringement.
- Important: This Copyright/DMCA Policy is for copyright issues only. If you have a concern about other types of intellectual property (e.g., trademark infringement) or another issue with content on the platform, please contact us at legal@golfguiders.com with specific details. We will address those concerns under applicable laws and our policies.
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GolfGuiders will respond expeditiously to comply with proper DMCA notices and reserves the right to remove any content alleged to be infringing without prior notice, at our sole discretion. Our Copyright Agent contact information above is only for reporting copyright infringement, not for general inquiries.
Termination
- Term of Agreement: These Terms remain in full force and effect while you access or use the Services. The Terms apply from the moment you first use GolfGuiders and will continue until terminated by either you or us as described below.
- Your Right to Terminate: You may terminate your agreement with these Terms at any time by discontinuing all use of GolfGuiders and, if you have an account, by deleting your account. If you wish to delete your account, you can typically do so through your account settings or by contacting us at support@golfguiders.com for assistance. Please note that terminating your account may not immediately delete or remove all content you have posted; see our Privacy Policy for information on account deletion and data retention.
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Our Right to Terminate or Suspend: We reserve the right, at our sole discretion, to suspend, disable, or terminate your account or your access to any part or all of the Services at any time without prior notice and without liability, for any reason, including (but not limited to) if we in our judgment believe: (a) you have violated any provision of these Terms or any applicable law or regulation; (b) you have engaged in fraudulent or offensive behavior; (c) you create risk or possible legal exposure for us; or (d) our provision of the Services to you is no longer commercially viable. We may also remove or discard any content or data that you have provided, for any of the above reasons.
For example, if we determine that you have repeatedly posted infringing content or you are harassing other users, we may terminate your account. In less severe cases, we might suspend your account (making it inaccessible) while we investigate or require you to remedy the violation. The decision to terminate or suspend will be made at our discretion and we are not required to notify you before taking such action, though we may do so as a courtesy.
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Effect of Termination: Upon termination of your account for any reason, your right to access and use the Services will immediately cease. You will no longer have access to any data or content you stored on the Services, and we may delete or deactivate your account and data. You are responsible for backing up any data (including User Content) that you wish to retain, since GolfGuiders is under no obligation to retain your data after termination. We are not liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or any termination or suspension of the Services or deletion of your data.
However, even after your account is terminated, certain provisions of these Terms will survive and remain in effect. These include (but are not limited to) any provisions relating to intellectual property ownership, licenses you granted to us (to the extent needed for enforcing or addressing issues that arose during your use), indemnities, disclaimers of warranties, limitations of liability, dispute resolution, and governing law, as well as any other clauses that by their nature should survive termination.
- No Right to Services After Termination: If your access to the Services is terminated, you understand and agree that you do not have a right to use the Services anymore. Any limitations on your future use (for example, if we ban you from creating another account) will be communicated by us. Attempting to circumvent a ban (such as by creating a new account after termination for violations) is a further breach of these Terms.
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Termination is in addition to any other legal or equitable remedies we may have. If you violate these Terms, we reserve the right to take appropriate legal action against you.
Modifications and Interruptions
- GolfGuiders strives to keep the Services up and running smoothly, but please be aware of the following:
- Service Changes: We reserve the right to change, modify, update, suspend, or discontinue any aspect of the Services (or any part or content thereof) at any time, with or without notice. This can include adding or removing features, releasing new versions of our App, changing our business model, or stopping a particular service entirely. For example, we may introduce new tools, or we might decide to discontinue a feature that is not widely used. We are not liable to you or any third party for any modifications, price change, suspension, or discontinuance of the Services.
- Downtime and Technical Issues: We do not guarantee that our Services will be available at all times or without interruption. You acknowledge that the Services may experience outages, delays, errors, or other issues for a variety of reasons, many of which might be outside our control. This could include, for instance, maintenance (scheduled or unscheduled), power outages, hardware or software failures, network disruptions, or events of force majeure (like natural disasters, internet or communications failures, acts of government, and so on).
- No Liability for Interruptions: You agree that GolfGuiders will not be liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. While we understand interruptions can be frustrating, you acknowledge that such occurrences are a normal part of internet services. We have no obligation to refund or compensate you for any such downtime, unless explicitly required by applicable law. (For example, if you have paid for a subscription service and there is a prolonged outage, we may address it per any service-level commitments, but generally our Service is provided “as is” as noted in the Disclaimers below.)
- User Responsibility: It is your responsibility to ensure that any devices, software, or telecommunications equipment you use to access the Services are functioning correctly and are compatible with the Services. You also should ensure you save or back up any content or data (like important messages or information) that you do not want to lose. While we may perform backups of data as described in our policies, we do not guarantee that any information or content posted on the Services will be saved or retrievable.
- Updates and Feature Changes: If we release Updates (as mentioned in the Mobile Application License section) or new versions of the App or Services, there may be periods where the older version is no longer supported. We might require you to update to continue using the Services, or some functionality may degrade over time if you don’t update. We’re not responsible for issues arising from your failure to use the latest version of our software.
- Advance Notice: If we anticipate a major change or interruption (like a scheduled maintenance or a planned discontinuation of a feature), we may post a notice on our website or send an in-app notification to inform users in advance when feasible. However, we are not obligated to do so in every case (especially for emergency maintenance or unforeseen issues). By using GolfGuiders, you understand and agree that the platform is constantly evolving. We appreciate your understanding as we work to improve our Services, and we welcome feedback via our support channels if you experience persistent issues.
Disclaimer of Warranties
- Use At Your Own Risk: GolfGuiders is provided on an “AS IS” and “AS AVAILABLE” basis. You use our Services at your own risk. To the fullest extent permitted by law, GolfGuiders and its officers, directors, employees, agents, and partners disclaim all warranties, express or implied, in connection with the Services and your use thereof.
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Disclaimer of Warranties: This means that we are not making any promises to you about the quality, reliability, suitability, or availability of our Services, other than what is expressly stated in these Terms. Specifically:
- No Guarantee of Accuracy or Results: We do not warrant that the information provided on the Services (whether by us, by other users, or via third-party content) is accurate, complete, or useful. Any reliance you place on such information is strictly at your own discretion. For example, advice or tips shared by other golfers on our platform are not guaranteed to improve your game or be suited to your situation. Always use your own judgment and, if appropriate, consult professionals.
- No Warranty of Uninterrupted Use: We do not guarantee that the Services will be available at any particular time or location, or that the operation of the Services will be uninterrupted or error-free. We cannot promise that any defects or errors will be corrected promptly, or that the Services will be free of viruses or other harmful components (though we strive to maintain a secure environment).
- Quality and Fitness: We disclaim all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. For instance, we are not guaranteeing that our platform is fit for your particular needs (like finding a golf coach or improving your swing) or that it will work perfectly with your devices. We also do not guarantee that content you obtain through GolfGuiders (such as lessons, guides, or product recommendations) will meet your expectations or requirements.
- User Conduct and Content: We have no control over, and do not guarantee, the conduct of users or the quality of any User Content. We do not warrant or assume responsibility for any contribution by users, including the truthfulness or legality of what they post. If you encounter other users in person (for example, meeting up to play golf), understand that we make no assurances about those individuals. Exercise appropriate caution, as we are not responsible for any harm you may experience in such interactions.
- Third-Party Offerings: Any products, services, or information provided by third parties (including other users, instructors, advertisers, or linked websites) are solely the responsibility of those third parties. GolfGuiders makes no warranty with respect to any goods or services you obtain from third parties through the Service. That is between you and the third party.
- No Responsibility for Damage: You assume all responsibility for any damage to your computer system, mobile device, or data that may result from your use of the Services, including from any downloads or content you access. We try to keep GolfGuiders safe and secure, but we cannot guarantee that it will always be free of viruses or harmful components.
- Exceptions: Some jurisdictions do not allow the exclusion of certain warranties. If laws that apply to you do not allow the exclusion of some or all of the above warranties, those exclusions may not apply to you to the extent prohibited. In such cases, the scope and duration of any such warranty will be the minimum permitted under applicable law.
- User Responsibility: You understand that no advice or information, whether oral or written, obtained by you from GolfGuiders or through the Services will create any warranty not expressly stated herein. You should not rely on any such information or advice as a warranty or guarantee.
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GolfGuiders does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through our Services or any hyperlinked website or service. As mentioned, we will not be a party to or monitor any transaction between you and third-party providers.
In summary, we’re doing our best to provide a great platform, but things might not always work perfectly, and we’re generally not liable if they don’t (subject to the limitations of applicable law). Always exercise good judgment and, if necessary, seek professional advice outside of our platform for important decisions.
Limitation of Liability
- To the maximum extent permitted by law, GolfGuiders and its affiliates, and each of their respective officers, directors, employees, agents, partners, and licensors, will not be liable to you for any indirect, incidental, special, consequential, exemplary or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) the Services, regardless of whether such damages are based in contract, tort (e.g., negligence), strict liability, or otherwise, and even if we have been advised of the possibility of such damages.
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Limitation of Liability: This means that, for example, we are not liable for:
- Loss of Data or Content: If any content you posted or any data you stored on GolfGuiders is lost, deleted, or becomes irretrievable for any reason (whether due to a glitch, our decision to terminate your account, or otherwise), we are not responsible for the value you ascribe to that content or data.
- Personal Injuries or Property Damage: Any injury or damage that might occur during or as a result of meetings or interactions with other users (like if you schedule a golf game through GolfGuiders and get injured on the course, or if something goes wrong during a meet-up). We do not supervise in-person events; you assume the risks of any offline interactions.
- Third-Party Conduct: Any harm resulting from statements or actions of other users or third parties (like defamatory statements, offensive behavior, or illegal conduct of others) – those individuals bear responsibility for their own actions.
- Financial Losses: Any money you might spend or lose in relation to using our platform or following advice from our platform (for example, if you buy golf equipment suggested by someone on GolfGuiders and it doesn’t meet your needs, or if you pay for a service through a link on our site and are unsatisfied).
- Service Interruptions or Errors: Any damage or inconvenience caused by the Service being unavailable, slow, or having errors (like missing a time-sensitive opportunity because the app was down).
- Unapproved Transactions: Any unauthorized access to or use of our servers and/or any personal information stored therein, or any bugs, viruses, Trojan horses, or similar that may be transmitted to or through our Services by any third party.
- Additionally, if any courts or arbitrators hold GolfGuiders liable to you for any reason, our aggregate liability to you for all claims arising out of or related to the Services or these Terms will not exceed the greater of: (a) the total amount (if any) you have paid to GolfGuiders for the Services in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) US $100.00. If you have not paid GolfGuiders any amount in that period, then our maximum liability is $100. This limitation applies collectively to GolfGuiders, Inc. and its affiliates, and their officers, directors, employees, and agents.
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Exceptions: Some jurisdictions do not allow certain limitations of liability. If you reside in such a jurisdiction, some of the above limitations may not apply to you. In that case, our liability will be limited to the fullest extent allowed by applicable law.
For example, in certain places, you cannot limit liability for willful misconduct, or for death or personal injury caused by negligence. Nothing in these Terms is intended to limit or exclude liability that cannot be limited by law, such as liability for gross negligence, intentional misconduct, or other specific liabilities that by law cannot be limited or excluded. - Release: To the extent permitted by applicable law, you hereby release and discharge GolfGuiders and its affiliates, officers, employees, and agents from any and all claims, demands, and damages of every kind and nature, known or unknown, arising out of or connected with any dispute you have with any other user of the Services or any third party in connection with our Services. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release, and that if known by them would have materially affected their settlement with the debtor or released party.”
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In summary, under no circumstances will GolfGuiders’ total liability to you exceed a nominal amount (as set out above), and in many cases we will not have any liability to you at all for various types of harm or loss. This allocation of risk is an essential part of the bargain between you and us – if you do not agree, then please do not use the Services.
Indemnification
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Indemnification: You agree to indemnify, defend, and hold harmless GolfGuiders, Inc. and its subsidiaries, affiliates, officers, agents, partners, and employees (collectively, the “GolfGuiders Parties”) from and against any and all losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”), including reasonable attorneys’ fees and court costs, that arise out of or are related to:
- Your Use of the Services: Any use or misuse of the GolfGuiders Services by you or anyone using your account (whether or not such use is authorized by you). For example, if you use the platform in a way that violates these Terms or applicable law, and it causes us to be sued or incur costs, you will cover those costs.
- Your Violation of These Terms: Any breach by you of these Terms, our policies, or any representations or warranties you provide in these Terms.
- Your User Content: Any content you submit, post, or share on or through GolfGuiders. If your content (for instance, a photo or a comment) infringes someone’s rights, violates the law, or otherwise causes a dispute that results in a claim against us, you will indemnify us.
- Your Interactions and Transactions: Your interactions with other users or third parties, including any transactions, agreements, or disputes between you and other users or any third-party (for example, an arrangement between you and a golf coach you met via our platform, or a disagreement arising from something someone posted about you).
- Your Violation of Any Rights of Another: This includes infringement of intellectual property rights, privacy/publicity rights, or any other legal rights of any person or entity, to the extent such violation is attributable to your actions or content on GolfGuiders.
- Procedure: If GolfGuiders becomes aware of any Claim for which we might seek indemnification from you, we will promptly notify you (to the contact information we have on file, if any), though any failure to notify you promptly will not relieve you from your indemnification obligations except to the extent you are materially prejudiced by that failure. You agree that GolfGuiders shall have the right to participate in the defense of any such Claim (and to choose our own legal counsel) at your expense, but we will not settle any Claim that imposes a financial obligation or admission of fault on you without your prior written consent (which will not be unreasonably withheld).
- Alternatively, at our discretion, we may require you to assume the defense of such Claim (in which case you will use counsel reasonably acceptable to us to defend the Claim, and you shall not settle any claim without our prior written consent).
- In all cases, you agree to cooperate fully with us in asserting any available defenses.
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This indemnity obligation will survive any termination of your account or of the Services. In plain language, if your actions cause us to be sued or to incur costs, you are agreeing to pick up the tab.
Dispute Resolution (Arbitration)
- Please read this section carefully. It affects your rights, including your right to file a lawsuit in court and to have disputes heard by a judge or jury.
- Informal Resolution: We want to address your concerns without the need for formal legal action. Before filing any claim against GolfGuiders, you agree to try to resolve the dispute informally by contacting us at legal@golfguiders.com or support@golfguiders.com with the subject “Dispute Resolution Request”. Include a brief written description of the dispute and your contact information. We will do the same if we have an issue with you. Both you and GolfGuiders agree to negotiate in good faith to resolve the dispute informally. If the dispute is not resolved within 30 days after the initial notice, either party may proceed with formal proceedings as outlined below.
- Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services (collectively, “Disputes”) shall be resolved by binding arbitration on an individual basis, rather than in court, except for the exceptions set forth under “Exceptions to Arbitration” below. This includes any claims based on federal, state, or local laws or regulations. By agreeing to arbitration, you and GolfGuiders are each waiving the right to a trial by jury or to participate in a class action.
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Arbitration Procedure: The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (if you are an individual using the Services for personal or household use) or its Commercial Arbitration Rules (if your use is for commercial purposes), as modified by this Dispute Resolution section. The AAA’s rules and filing instructions are available on AAA’s website (www.adr.org) or by calling AAA.
- Arbitrator: The arbitration will be conducted by a single, neutral arbitrator. The arbitrator will have the authority to determine their own jurisdiction and resolve any disputes about the arbitration agreement itself (including any claim that all or part of it is void or voidable). However, the arbitrator does not have authority to conduct a class arbitration or a representative action, which is explicitly prohibited by these Terms.
- Arbitration Location: If you are an individual using the Services for personal purposes, the arbitration may take place in the county where you reside or another location that is reasonably convenient for you. If you and we agree, arbitration may be conducted via video conference or telephone. If you are using the Services for commercial purposes, the arbitration will take place in King County, Washington unless otherwise agreed by the parties.
- Governing Law for Arbitration: The Federal Arbitration Act (FAA) (9 U.S.C. § 1 et seq.) will govern the interpretation and enforcement of this arbitration agreement. The arbitrator will apply the substantive law of the state of Washington (excluding its choice of law rules) or federal law (if applicable to the claim) to the merits of any dispute or claim.
- Arbitration Fees: Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will reimburse individual consumers for filing fees for claims under $10,000 unless the arbitrator finds the arbitration frivolous or brought for an improper purpose. Likewise, GolfGuiders will not seek attorneys’ fees or costs in arbitration unless the arbitrator determines that your claims are frivolous or asserted in bad faith.
- Decision: The arbitrator’s award will be a written statement of the disposition of each claim and the essential findings and conclusions on which the award is based. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
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Exceptions to Arbitration: Notwithstanding the above, either you or GolfGuiders may choose to bring a lawsuit in court in the following circumstances:
- Small Claims: If the dispute qualifies for small claims court in a jurisdiction that has authority, either party may bring an individual action in small claims court instead of proceeding to arbitration.
- Intellectual Property & Equitable Relief: Either party may seek injunctive or other equitable relief (such as a temporary restraining order or preliminary injunction) in a court of competent jurisdiction for matters relating to intellectual property rights (for example, trademarks, trade dress, copyright, or patent), or unauthorized access to or use of the Services (e.g., a hacking incident), or other claims that would otherwise qualify for equitable relief.
- Opting Out: You have the right to opt out of this arbitration provision. If you do not agree to this arbitration agreement, you must let us know within 30 days of your first use of the Services or the effective date of the first version of these Terms containing an arbitration clause (whichever is later). You can opt out by sending a written notice to GolfGuiders at legal@golfguiders.com with the subject “Arbitration Opt-Out” or via U.S. Mail to our Contact Address provided below. Your opt-out notice must include your name, address, the email associated with your GolfGuiders account (if you have one), and a clear statement that you want to opt out of this arbitration agreement. If you opt out, the Dispute Resolution (Arbitration) section will not apply to you. Opting out of this arbitration agreement will not affect any other part of these Terms, including the provisions regarding governing law or where disputes may be resolved.
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Class Action Waiver: You and GolfGuiders agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither you nor GolfGuiders will seek to have any dispute heard as a class action, representative action, collective action, private attorney-general action, or in any proceeding in which you or GolfGuiders acts or proposes to act in a representative capacity. The parties also agree that no arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then (a) this class action waiver will not apply to those parts, and those parts will be severed and proceed in a court of law (subject to the provisions of the Governing Law and Jurisdiction section), with the remaining parts proceeding in arbitration; and (b) if any claim or action is to proceed on a class, collective, or representative basis, it must proceed in court, not in arbitration. - Severability of Arbitration Provisions: Except for the class action waiver clause above, if any part of this arbitration agreement is deemed to be invalid or unenforceable, the remaining portions will remain in force. If for some reason the entire arbitration agreement is found to be unenforceable (for instance, if a court rules that arbitration cannot be compelled in a particular case), then you and GolfGuiders agree that any Dispute must be resolved exclusively in a state or federal court located in King County, Washington, and both parties consent to venue and jurisdiction there.
- Choice to Not Use Arbitration: If you properly opt out of arbitration as described above, or if a claim falls under one of the exceptions to arbitration, then the “Governing Law” and “Jurisdiction” provisions below will dictate where the dispute will be resolved.
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This Dispute Resolution section shall survive any termination of your relationship with GolfGuiders.
Governing Law
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These Terms and any dispute arising out of or related to these Terms or the Services will be governed by and construed in accordance with the laws of the State of Washington, USA, without giving effect to its conflict of law principles that might result in the application of the laws of another jurisdiction.
If a dispute is not subject to arbitration (either because you opted out of the arbitration agreement, or the arbitration agreement was found unenforceable, or the dispute falls under an exception allowing it to proceed in court), then you and GolfGuiders agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within King County, Washington for the purpose of litigating any such dispute. You expressly consent to the exercise of personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
- International Use: We recognize that our Services may be accessed from anywhere in the world, but by choosing to use our Services you agree that the laws of the State of Washington, USA, will govern any matters, regardless of your location. If you are accessing the Services from outside the United States, you are still responsible for complying with local laws to the extent they apply. However, to the extent you bring any legal action against GolfGuiders, these Terms will be interpreted under Washington law (and applicable U.S. federal law).
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Limitation on Actions: To the extent permitted by law, any claim or cause of action arising out of or related to your use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or else it will be permanently barred. (This does not apply to intellectual property claims or statutory claims that by law cannot be limited.)
The choice of Washington law and venue is an important part of our agreement. If you reside in a jurisdiction that would not allow for these choices (for example, because as a consumer you cannot be deprived of certain protections or the ability to file suit in your home forum under local law), then some of the above provisions regarding governing law and venue may not apply to you. In such cases, the governing law will be that of your usual place of residence, and any disputes will be resolved in your local courts to the extent required by law.
- Regardless of the governing law, however, the Federal Arbitration Act will govern the interpretation and enforcement of the arbitration agreement if you have not opted out and it is applicable.
Miscellaneous
- Entire Agreement: These Terms (along with any other agreements or policies expressly incorporated by reference, such as our Privacy Policy and Return Policy) constitute the entire agreement between you and GolfGuiders regarding your use of the Services. They supersede all prior and contemporaneous understandings, agreements, representations, or communications between you and us, whether written or oral, regarding such subject matter. In other words, this is the definitive agreement—any earlier promises or discussions that are not included here are not binding.
- Waiver: Our failure or delay in exercising any right, power, or privilege under these Terms (such as not immediately enforcing a rule against you) shall not operate as a waiver of that right or provision. Similarly, any single or partial exercise of a right or power does not prevent us from later enforcing that or any other provision. If we do explicitly waive any provision or right, we will do so in writing, and that waiver will apply only to the specific instance and specific provision stated.
- Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be eliminated or limited to the minimum extent such that the remainder of the Terms will continue in full force and effect. In other words, if one part of the contract is void, the rest should still apply as much as possible.
- Assignment: GolfGuiders may assign or transfer its rights and obligations under these Terms (for example, in the event of a merger, acquisition, sale of assets, or by operation of law) without your consent. These Terms will inure to the benefit of our successors and assigns. You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. Any assignment in violation of this provision will be null and void.
- Relationship of the Parties: You and GolfGuiders are independent contractors. These Terms do not create any partnership, joint venture, employment, franchise, or agency relationship between you and us. Neither party has the authority to bind or act on behalf of the other in any way unless expressly stated otherwise in these Terms.
- Third-Party Beneficiaries: Except as specifically provided in the “App Store Specific Terms” section (where Apple and Google are third-party beneficiaries to certain provisions), there are no third-party beneficiaries to these Terms. This means no person or entity other than you and GolfGuiders (and permitted assigns) has any right to enforce any of these Terms.
- Force Majeure: GolfGuiders will not be liable for any failure or delay in performance of our obligations (except payment obligations, if any) due to causes beyond our reasonable control, such as strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, epidemics, governmental action, labor conditions, earthquakes, or Internet/telecommunications failures. If such an event occurs, we will make reasonable efforts to resume services as soon as practicable.
- Electronic Communication with You: When you use our Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically (such as via email, or through notices on our website or via the App). You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Electronic Signatures and Contracts: Your online assent (clicking “I agree,” creating an account, or similar actions) and your continued use of the Services constitute your electronic signature to these Terms and your agreement to enter into this contract electronically. You also agree that we may send you legal notices and other communications about your account and the Services electronically.
- Headings and Interpretation: The section titles and headings in these Terms are for convenience only and have no legal or contractual effect. In these Terms, words like “including” and “such as” are to be read as if they are followed by “without limitation.” Any references to “days” mean calendar days unless stated otherwise.
- Languages: These Terms are written in English. If we provide a translation in another language, it’s for convenience only. In case of any conflict or ambiguity between the English version and a translated version, the English version will control.
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By using the Services, you acknowledge that you have read these Terms, understand them, and agree to be bound by them. If you have any questions or concerns about these Terms, please contact us as described below.
Contact Us
For general questions about the Terms or our Services: support@golfguiders.com
For legal-specific inquiries or notices, you may use: legal@golfguiders.com.
GolfGuiders, Inc. 1801 130th Ave NE, Ste 100 Bellevue, WA 98005, USA
(Please note this address can be used for any formal correspondence, including sending opt-out notices or legal notices, as described in these Terms.)
We will do our best to respond promptly to your inquiry. If you are contacting us to resolve an issue, please provide as much detail as possible, so we can assist you effectively.
Thank you for choosing GolfGuiders. We hope you enjoy using our platform, and we are here to support you on your journey to a better golfing experience!