Terms & Conditions

Last Updated: November 10, 2025

THESE TERMS AND CONDITIONS (“AGREEMENT”) ARE PRESENTED BY GOLDGUIDERS, INC. A WASHINGTON CORPORATION (“COMPANY”, “GOLFGUIDERS,” “WE,” “US,” OR “OUR”) AND GOVERNS ALL USERS (“USER” OR “YOU” OR “YOUR”) OF ALL COMPANY SERVICES, AS DEFINED HEREIN.

FOR PURPOSES OF THIS AGREEMENT, THE “COMPANY SERVICE(S)” OR THE “SERVICE(S)” COLLECTIVELY MEAN AND INCLUDE: (I) THE COMPANY’S WEBSITE AT HTTPS://GOLFGUIDERS.COM, INCLUDING THE COMPANY’S ONLINE PLATFORM ACCESSIBLE THROUGH THE COMPANY WEBSITE (THE “COMPANY WEBSITE”; AND (III) THE COMPANY MOBILE APP, AS DEFINED BELOW

THE COMPANY PROVIDES THIS AGREEMENT TO NOTIFY ALL USERS WHO ACCESS AND USE ANY OF THE SERVICES OF THE COMPANY’S TERMS AND CONDITIONS WHICH GOVERN ALL SUCH SERVICES. THE COMPANY PROVIDES THIS AGREEMENT TO NOTIFY ALL USERS WHO ACCESS AND USE ANY OF THE SERVICES OF THE COMPANY’S TERMS AND CONDITIONS WHICH GOVERN ALL SUCH SERVICES.

USE OF ALL OF THE SERVICES IS CONDITIONED ON ACCEPTANCE, WITHOUT MODIFICATION, OF THIS AGREEMENT BY THE USER.USE OF ALL OF THE SERVICES IS CONDITIONED ON ACCEPTANCE, WITHOUT MODIFICATION, OF THIS AGREEMENT BY THE USER.

BY CONTINUING TO USE ANY ONE OR MORE OF THE SERVICES, EACH USER HEREBY AGREES THAT THEY ARE HEREBY BOUND, AS OF THE DATE OF THE FIRST USE OF ANY OF THE SERVICES BY THE USER (THE “EFFECTIVE DATE”), BY ALL OF THE TERMS AND CONDITIONS OF ALL OF THE FOLLOWING:

THIS AGREEMENT;
THE COMPANY’S PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY THIS REFERENCE, A COPY OF WHICH IS AVAILABLE AT THIS LINK: (THE “COMPANY PRIVACY POLICY” OR “PRIVACY POLICY”); AND
THE COMPANY’S REBATE POLICY, WHICH IS INCORPORATED HEREIN BY THIS REFERENCE, A COPY OF WHICH IS AVAILABLE AT THIS LINK: (THE “COMPANY REBATE POLICY” OR “REBATE POLICY”).

NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THIS AGREEMENT WILL BE ACCEPTED BY THE COMPANY.

IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN THE USER SHOULD NOT USE ANY OF THE SERVICES.

WE RESERVE THE RIGHT TO AMEND, UPDATE OR OTHERWISE CHANGE THIS AGREEMENT AS MORE FULLY SET FORTH IN SECTION 18 HEREIN.
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT. EACH USER SHOULD DOWNLOAD AND PRINT THIS AGREEMENT FOR ITS RECORDS

NOTICE ABOUT ARBITRATION AND WAIVER OF CERTAIN RIGHTS IN A DISPUTE WITH THE COMPANY:

YOU ARE HEREBY GIVEN NOTICE THAT PURSUANT TO SECTION 19 OF THIS AGREEMENT, YOU ARE ALSO AGREEING TO THE FOLLOWING, AS MORE FULLY SET FORTH IN SAID SECTION 19:

TO THE DISPUTE RESOLUTION PROCEDURES SET FORTH IN SECTION 19, INCLUDING WITHOUT LIMITATION ARBITRATION TO RESOLVE DISPUTES BETWEEN YOU AND THE COMPANY ARISING UNDER THIS AGREEMENT OR THE PRIVACY POLICY (AS DEFINED ABOVE), WHICH INCLUDES YOU WAIVING YOUR RIGHT TO A JURY TRIAL IN ANY SUCH DISPUTE; AND
THE WAIVER OF YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR SIMILAR PROCEEDING REGARDING ANY DISPUTE UNDER THIS AGREEMENT AND THE PRIVACY POLICY; AND
THE GOVERNING LAW PROVISIONS AND JURISDICTION AS MORE FULLY SET FORTH IN SECTION 19 OF THIS AGREEMENT.

1. Definitions

In addition to any other terms defined in the Agreement, the following terms have the following meanings:

1.1 “Access Right“ has the meaning set forth in Section 3 herein.

1.2 “Company IP Assets” has the meaning set forth in Section 4 herein.

1.3 “Company Material” has the meaning set forth in Section 4 herein.

1.4 “Company Mobile App” or the “Mobile App” has the meaning set forth in Section 2 herein.

1.5 “Company Mobile App End User License Agreement” has the meaning set forth in Section 3 herein.

1.6 “Company Privacy Policy” or “Privacy Policy” has the meaning set forth above.

1.7 “Company Marks” or “Marks” has the meaning set forth in Section 4 herein.

1.8 “Company Policies” has the meaning set forth in section 3 herein.

1.9 “Company Rebate Policy” or “Rebate Policy” has the meaning set forth above.

1.10 “Company Website” has the meaning set forth above.

1.11 “User Generated Content” or “User Content” has the meaning set forth in Section 8 herein.

1.12 “User(s)” “you” or “your” has the meaning set forth above.

2. Scope of Services

2.1 The Company provides an online platform via the Company Website and its mobile application (“Company Mobile App” or the “Mobile App”) which are both designed to enhance your golfing experience. Our Services provided through either the Company Website or the Mobile App include, but may not be limited, to the following features: (i) allow golfers to connect and socialize with each other, share information and content about golf, and access various golf-related resources, products, or services: (ii) allow Users to create a user profile, post their User Content (such as messages, photos, or reviews), engage in community discussions, findor connect with other golfers or golf instructors/guides; and (iii) possibly allow Users to purchase golfing services or merchandise through our Services; provided, however, the features and functionalities of the Service may vary between the Mobile App and the Company Website, as the disscretion of the Company .

2.2 All new features, tools, or services which are added by the Company to its Services in the future will be included in the meaning of “Services” and will be subject to this Agreement. We reserve the right to modify the scope of our Services, add or remove features, or discontinue parts of the platform as described in Section 14 (Modifications and Interruptions) below.2.2 All new features, tools, or services which are added by the Company to its Services in the future will be included in the meaning of “Services” and will be subject to this Agreement. We reserve the right to modify the scope of our Services, add or remove features, or discontinue parts of the platform as described in Section 14 (Modifications and Interruptions) below.

2.3 You acknowledge that the Company 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 our Services. 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 the Company)2.3 You acknowledge that the Company 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 our Services. 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 the Company)

2.4 By using our Services, you understand and agree that: (a) We do not guarantee any specific outcomes from using the Services( including, without limitation, 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.

3. Access Right to Use the Services

3.1 In the event a User accesses or uses any Service via or through either the Company Website or the Mobil App, and subject to User’s strict compliance with this Agreement (including but not limited any Company Policies), the Company grants such User, only during the Term of this Agreement (pursuant to Section 13 herein), a personal, limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable right to allow only that particular User the ability to access and use the Services as provided via or through either the Company Website or the Mobile App, and any Company Material provided via or through such Company Website or the Mobile App, only in the format that such Service and Company Material are made available by the Company and only for the following purposes of using only those features or functionalities that the Company makes available to Users through the Service from time to time or at any time (the “Access Right”) .

3.2 Without limiting any other conditions or limitations set forth in the foregoing Access Right in Section 3.1, and for clarity and the avoidance of doubt, all Users hereby further agree that:

Users are only permitted to use the Services and Company Material exclusively through, and solely as provided by, the Service, but through no other platform that has not been approved by the Company; and
Users shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any portion of the Services, including without limitation any of the Company Material or any underlying software programs of the Services, except as expressly permitted in a clear written consent from the Company, and any such unauthorized uses of the Services or any Company Material shall constitute an immediate and material breach of this Agreement.
Without limiting any other provision in this Agreement, each User agrees not to: (a) copy, scrape, or archive any portion of the Services or Company Material (except for caching necessary for personal use or as otherwise permitted by law); (b) remove or alter any copyright, trademark, or other proprietary rights notices from the Services or Company Material; (c) use any of our Company Marks without our express written permission, including any use that might confuse other users or dilute our brand; (d) use the Company Material for any commercial purpose or for any public display beyond what the Services enable without our permission.

3.3 Users hereby further agree that, in addition to any of the other terms and conditions set forth in this Agreement, each User’s right to use any of the Service is hereby explicitly further conditioned and subject to each User’s compliance with any and all supplemental or additional rules, policies, procedures, or guidelines regarding the Services which may be adopted by Company from time to time, or at any time, which govern the Users access and use of the Services (hereinafter collectively referred to as the “Company Policies”). The Company shall communicate its Company Policies to Users in any way it deems reasonable, but is not obligated to give personal delivery of such communication to each particular User. All such Company Policies are hereby incorporated into this Agreement by this reference upon their effective date.

3.4 Without limiting the generality of any other provision herein, the Company may from time to time provide updates, patches, bug fixes, or new versions of the Service (“Updates”). You agree that these Updates are automatically subject this Agreement, unless accompanied by separate terms as set forth by the Company. You should install updates promptly. Your failure to install Updates may impair the functionality of the Service 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

4. Intellectual Property Rights

4.1 The following additional terms have the following meanings:

“Company Material” means all text, graphics, logos, images, audio clips, video, software, code, data compilations, page layout, design, user interfaces, data, information, content and the compilation and arrangement of any of the foregoing (collectively, the “Company Material”); and
“Company Marks” means all trademarks, service marks, logos, trade names, domain names or slogans, owned by or other used in the Service, including without limitation the Company’s GolfGuiders ® mark.

4.2 Subject only to the limited Access Right granted to User pursuant to Section 3 above, all rights, title and interest (including without limitation all global intellectual property rights) in and to all parts of the Company Website, the Company Mobile App, all other part of the Services (including without limitation the underlying code or programs that operate the Services), all Company Material, and all Company Marks, and all goodwill associated therewith (hereinafter collectively referred to as the “Company IP Assets”) shall at all times remain the sole and exclusive property of Company. Users shall not in any manner represent that they have acquired any rights in the Company IP Assets beyond or in addition to the limited Access Right expressly granted by Company to the User pursuant to only Section 3 above.

4.3 Each User hereby further agrees that: (a) any and all use of the Company IP Assets by User shall inure to the sole benefit of Company; and (b) Users shall not challenge Company’s exclusive rights to and ownership of the Company IP Assets, nor take any action inconsistent with Company’s exclusive rights to and ownership of the Company IP Assets.

4.4 If you send us any feedback, suggestions, ideas, or other information about any aspect of the Services, or how to improve it (“Feedback”), you agree that we are free, and you hereby grant the Company a non-exclusive, worldwide, fuly paid up, fully assignable license and right, to use and implement the Feedback without compensation or obligation to you. Such Feedback is not confidential, and we may use it for any purpose, in any way, worldwide, forever.

4.5 Each User hereby agrees that all Company IP Assets (as defined above), including without limitation the underlying code or programs that operate the Services, may contain valuable trade secrets and confidential information that is owned by Company. Each User shall take all commercially reasonable precautions to prevent inadvertent disclosure any of the Company IP Assets, including all know how and confidential information therein. Each User shall not disclose any part of the Company IP Assets to anyone for any purpose, other than to its Customer Users for the sole purpose of using the Services only as explicitly permitted under this Agreement.

5. User Accounts and Registration

5.1 Creating an Account. To access certain features of the Services (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) are inappropriate or violate this Agreement or the rights of others. At the time of creating a user account, or at any other time during your use of any Service, we reserve the right to require a you or any other user to agree to any other end user agreement ( “EULA”), with any such EULA to be in a form as determined by the Company in its discretion.

5.2 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.

5.3 Account Restrictions: You may only create and hold one personal account (unless expressly permitted to have multiple by the Company, such as separate accounts for business or instructor purposes). You may not transfer or sell your Services 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 this Agreement (in which case “you” will refer to that entity).

6. User’s Additional Representations and Covenants

6.1 User’s Additional Representations and Covenants in General. By using any one or more of the Services, you represent and warrant that all of the following are true:

Accurate Information: All registration or profile information you submit to the Company or use in the Services 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 this Agreement. 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 this Agreement on your behalf). You are not a person barred from using our Services under the laws of any applicable jurisdiction.
Compliance with this Agreementand Laws: You will use the Services in compliance with this Agreement and all applicable laws and regulations. You will not use the Services 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 the Services, and your User Content (as defined herein) 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 Section 13 (Termination) below) and prohibit any current or future use of the Services by you.

6.2 User’s Additional Representations and Covenants If Accessing the Service Through a Mobile App. If you access the Service through the Mobile App, you further agree as follows:

6.2.1 Mobile Carrier and Data: You are hereby notified that by using the Service through the Mobile App, you may incur data charges from your mobile carrier. You are solely responsible for any mobile carrier charges that result from your use of the Service (such as data and text messaging fees). Using certain features of the Service 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 Service extensively.

6.2 App Store Specific Terms.

If you download or access the Service from a third-party app store or platform, for example, the Apple App Store or Google Play Store (the “App Store”) you acknowledge and agree: (i) to the following additional terms in this Section 6.2.2 (the “App Store Specific Terms”); and (ii) that these App Store Specific Terms are required by the App Store providers (“App Store Provider”), and are intended to clearly delineate the App Store Provider’s responsibilities and relationship to you in connection with the Service:

Relationship with App Store: This Agreement is between you and the Company, not with the App Store Provider. The Company, not any App Store, is responsible for the App and its content; thus, the App Store Provider is not responsible for providing any maintenance or support services for the App.
Usage Rules: Your use of the App must comply with the App Store Provider’s terms and conditions. For example, and without limiting the foregoing; if you downloaded the Service: (i) 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; or (ii. if from Google Play, you will abide by the Google Play Terms of Service and any other applicable Google policies.
Company Responsible for Warranty and Support: As between the Company and the App Store provider: (i) any maintenance and support needed for the Service downloaded from the App Store will be handled by the Company; and (ii) the Company is responsible for any product warranties for the Service pursuant to the terms and conditions set forth in this Agreement, including without limitation subject to any of the Company’s disclaimers or limitation of liability provisions as set forth in this Agreement. Accordingly: (a) the App Store Provider is not responsible for providing support or updates for the Service; and (b) to the maximum extent permitted by applicable law, the App Store Provider does not provide any warranty regarding the Services that was downloaded from the App Store and does not have any warranty obligation with respect to the Service.. If you have any issues with the Service, you should contact the Company for support (not the App Store).
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 additional and applicable third-party terms and conditions when using the Service. For example, if the Service 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 Service.
Third-Party Beneficiary Status Applicable to These App Store Terms under this Section 6.2.2: You acknowledge and agree that the App Store Provider (e.g., Apple Inc. for iOS, Google LLC for Android) and its subsidiaries may be deemed to be third-party beneficiaries of the these App Store Specific Terms set forth in this Section 6.2.2 as they relate to your use of the Service that you downloaded from the App Store of that particular App Store provider. This means that upon your acceptance of this Agreement, that particular App Store Provider may have the right (and will be deemed to have accepted the right) to enforce these App Store Specific Terms as set forth in this Section 6.2.2 against you as a third-party beneficiary thereof. Apart from the foregoing, no other third party is a beneficiary to any of the provisions of this Agreement.
App Store Not Responsible for Content in Service. You acknowledge that Carrier the App Store Provider is not responsible (to the maximum extent permitted by applicable law) for the Service or its content in any way, and all inquiries or issues relating to the Service (e.g., intellectual property claims, or anything mentioned above) should be directed to the Company and not to the App Store.

7. Prohibited Activities

You further agree NOT to engage in any of the following prohibited activities on or in relation to our Services:You further 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 is prohibited by this Agreement, and Company Policies o any EULA (as defined in Section 5 herein) . Without limiting the generality of the foregoing, you shall not violate any applicable laws, rules, or regulation while using the Services (including, but not limited to, privacy, intellectual property, and export control laws).
Infringing Content: Posting, sending, or otherwise transmitting any content (including without limitation any User Content, as defined herein) 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, or member of the Company’s staff, or anyone else you’re not.• 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, or member of the Company’s 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 the Services. Similarly, you must not collect or harvest personal information about other users (such as email addresses) without their consent.• 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 the Services. 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 (including without limitation any Company Material) 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 Company Material.
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 the Company 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, copy, reproduce 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 Company Material for any commercial purpose not expressly approved by the Company. This means you should not use the Services 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 (including withoug any of your User 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 the Services, or which, in our judgment, exposes the Company or our users or partners to any liability or detriment of any type.
Remove Notices:Remove, alter, or obscure any proprietary notices (including copyright, trademark, or patent notices) that the Company or our licensors have placed on, within, or in association with the Services.
Mutiple Users. Make the Service available over a network or in any environment that allows multiple devices or users to access or use the Service simultaneously, unless such use is expressly authorized by the Company. Without limiting the generality of the foregoing, you cannot share the Service in a way that bypasses the need for each user to download it from an official source.
Commercial or Competitive Use:Use the Service 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 Service. Without limiting the generality of the foregoing, you shall not use our Service’s interface or underlying ideas to create a service that competes with the Company.
Automated Queries or Scraping:Use the Service to send automated queries to any website or service, or use any automated system (like a “bot” or “scraper”) through the Service to extract data or content. Without limiting the generality of the foregoing, you agree tht the Service is only meant for use 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
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.

8. User-Generated Content

8.1 The Services may allow Users to create, submit, post, upload, or share content,materials, data, or personal information, such as text, messages, photos, videos, reviews, ratings, profiles, comments, or other materials (“User Generated Content” or “User Content”). By posting or uploading any User Content on the Services, you agree to the the terms and conditions in this Section 8 regarding your User Content.

8.2 Your Rights and License to the Company: 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 the Company a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable, 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; including without limitation for any of the following purposes: (i) to display your User Content to other Users (as you direct, such as when you post a comment or photo); (ii) to promote or advertise our Services (for example, showing screenshots or snippets that might include your User Content); (iii) and to make backups or copies for safety and technical reasons; (iv) to otherwise improve, enhance or develop new Services; (v) for statistical analysis, industry trend analysis, and/or evaluating the efficiency of the features and functionalities of the Servicesor any other applications developed by Company; (vi) and/or (v) for any other purposes that support and promote Company’s overall business operations (“User Content License”). Without limiting the generality of the foregoing, and for clarity, the Company has the right under the User Content License to continue to use User Content after the termination of this Agreement as follows: (a) User 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; (c) your User Content used in any advertising or promotional materials. . You agree that removal of User Content from your visible profile or the Services does not necessarily delete all traces of the User Content from the internet (e.g., if others have copied or re-shared it) and we are not responsible for or control that.

8.3 Your Responsibilities and Representations: Whenever you post or contribute User Content, you represent and warrant that:

You own the User 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.
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.)
Your User Content complies with all laws and this Agreement, including without limitation, that your User Content: (i) 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; and (ii) does not include any content that exploits or harms minors, or that violates any privacy or publicity rights of a third party.
Your User Content is not hateful or harassing, incuding without limitation, that your User Content: (i) 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; and (ii) does not advocate violence or encourage any illegal activities.
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.
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 are prohibited from sharing someone’s personal data or likeness without permission.
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.

8.4 Our Rights Regarding User Content:

While we do not claim ownership of your User Content, we: (i) 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 this Agreement or applicable law, or for any other reason; provided, however, we are not responsible for any failure or delay in removing such material; and (ii) we reserce the right to use the foregoing User Content License pursuant to Section 8.2 herein.
The Company 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. User 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 User Content (and any loss or damage it may cause).
By using the Services, you understand that you may encounter User Content of other Users that you find inappropriate or offensive. If you see content that you believe violates tjhis Agreement or our guidelines, you can report it to us. We will review reports and take action at our discretion.By using the Services, you understand that you may encounter User Content of other Users that you find inappropriate or offensive. If you see content that you believe violates tjhis Agreement or our guidelines, you can report it to us. We will review reports and take action at our discretion.

8.5 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 the Services 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.

8.6 Your Liability: You are solely responsible for your User Content and may be held liable for what you post. The Company 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 the Company related to the User Content you have posted, you will indemnify and hold the Company harmless from any such claim, as described in Section 17 (Indemnification) section below.

9. Purchases and Returns

Some features of the Services 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. By making a purchase, you agree to be bound by the applicable terms of service of the payment processor in addition to this Agreement.
Return and Refund Policy: All purchases made through the Services are subject to ourReturn Policy(available at the link provided in this Agreement). The Return Policy is hereby incorporated in its entirety into this Agreement. 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 the Services, 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 the Company. 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 this Agreement, 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.

[Section 10 Intentionally Omitted]

11. Third-Party Content and Links

11.1 The Services may include content provided by third parties, or links to websites and resources that are not owned or controlled by the Company (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.

11.2 No Endorsement or Control: The Company 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 the Company. We make no representations or warranties concerning Third-Party Content’s accuracy, validity, timeliness, completeness, quality, or reliability.

11.3 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 Services and the terms and policies of the third-party site will apply, not this Agreement. 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. The Company 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.

11.4 Third-Party Services or Integrations: If the Services 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.

11.5 Transactions with Third Parties: Any transactions, communications, or dealings between you and any third party found on or through the Services 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 Services, or if you click on an advertisement and buy something from that advertiser. The Company 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 the Company (and our officers, directors, employees, agents, and affiliates) from any claims or damages arising out of or in any way connected with such dispute.

11.6 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, the Company 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.

11.7 External Links: Inclusion of any link on the Services does not imply that the Company 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.

11.8 While we aim to provide helpful resources and a great network through the Services, we are not responsible for third-party offerings. You agree thatthe Company 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.

12. Copyright Infringement (DMCA) Policy

12.1 The Company 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.

12.2 DMCA Takedown Notices (Claims of Infringement): If you believe that any content available on the Services (including any User Content of another User) 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 workthat you claim has been infringed. If multiple copyrighted works are involved, you may provide a representative list.
Identification of the material that is claimed to be infringingor to be the subject of infringing activity, and information reasonably sufficient to permit us to locate that material on the Services (e.g., a URL to the content or specific description of where it appears).
Your contact information– including your full name, mailing address, telephone number, and email address – so that we can contact you if needed.
A statement that you have a good faith beliefthat the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A 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.)
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
1801 130th Ave NE, Ste 100
Bellevue, WA 98005, USA
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.

12.3 Counter-Notification (If Your Content Was Removed): If you are a user and you believe content you posted was wrongly removed in response to a copyright notice (for instance, because you believe it is not infringing or you have authorization), you may submit a counter-notification to our Copyright Agent. A counter-notification must include:

Identification of the material that was removed or disabled and the location where it appeared before removal (e.g., the specific URL or description).
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 a misidentification.
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if you are outside the U.S., for any judicial district in which the Company may be found, which is the Western District of Washington), and that you will accept service of process from the person (or their agent) who provided the original DMCA notice.
Your physical or electronic signature.

Your physical or electronic signature.

12.4 Repeat Infringers: In accordance with the DMCA and other applicable laws, the Company 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.

12.5 The Company will, within a reasonable time. deliver any 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.

13. Termination

13.1 Term of Agreement: Subject to any prior termination of this Agreement as set forth herein, this Agreement shall remain in full force and effect while you access or use the Services, subject to your strict compliance with all of the terms and conditions of this Agreement (including without limitation your timely payment of all fees and expenses that you owe the Company) and the Mobile App End User License Agreement, if applicable to a particular User (hereinafter, the “Term of this Agreement).

13.2 Your Right to Terminate: You may terminate this Agreement by discontinuing all use of the Services and, if you have an account, by deleting your account, subject to your obligation to pay any fees or expenses you owe the Company and to the Rebate Policy . 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 User Content you have posted; see our Privacy Policy for information on account deletion and data retention.

13.3 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:

You have violated any provision of this Agreement, , any Company Policies, the Mobile App End User License Agreement, if applicable to a particular User, or any applicable law or regulation;
You have engaged in fraudulent or offensive behavior;
You create risk or possible legal exposure for us; or
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 (as we determine in our sole discretion), 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.

13.4 Effect of Termination: Upon termination of your account and/or this Agreement for any reason, your right to access and use the Services (including but not limited to the Access Right as defined in Section 3 herein) will immediately cease. You will no longer have access to any data or content (including without limitation any of your User Content) you stored on the Services, and we may delete or deactivate your account and data (including without limitation any of your User Content). You are responsible for backing up any data (including User Content) that you wish to retain, since the Company is under no obligation to retain your data (including without limitation any of your User Content) 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 (our your inability to access) your User Content.

13.5 Survival: The following provisions shall survive any expiration or termination of this Agreement: (i) Sections 4, 7, 8, 11, 12, 13, 15, 16, 17, 19, and 20; and (ii) any other clauses that by their nature should survive termination.13.5 No 13.5 Right to Services After Termination: If your access to the Services or this Agreement 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 this Agreement.

13.6 Other Rights In addition to the Company’s rights under this Section 13 upn termination of this Agreement, the Company has the right to exercise any other legal or equitable remedies we may have. If you violate this Agreement, we reserve the right to take appropriate legal action against you.

14. Modifications and Interruptions

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 the Company 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).
for emergency maintenance or unforeseen issues).
By using the Services, you understand and agree that the Services are 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.

15. Disclaimer of Warranties

EACH USER HEREBY ACKNOWLEDGES AND AGREES AS FOLLOWS:

ALL SERVICES, (INCLUDING WITHOUT LIMITATION ANY COMPANY IP ASSETS WHICH MAY BE PROVIDED THROUGH THE SERVICES) ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS.
THE COMPANY MAKES NO, AND HEREBY EXPLICITLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
EACH USER ASSUMES THE ENTIRE RISK, RESPONSIBILITY, AND OBLIGATIONS REGARDING, AND ARISING OUT OF, THEIR USE OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING, WE ARE NOT MAKING ANY PROMISES, REPRESENTATIONS OR WARRANTIES TO YOU ABOUT THE QUALITY, RELIABILITY, SUITABILITY, OR AVAILABILITY OF OUR SERVICES, OTHER THAN WHAT IS EXPRESSLY STATED IN THIS AGREEMENT.

Without limiting the foregoing, each User hereby specifically further acknowledges and agrees as follows:

No Guarantee of Accuracy or Results:We do not represent or 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:As set forth above, 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 the content you obtain through the Services(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. The Company 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 cannot guarantee that it will always be free of viruses or harmful components.
User Responsibility: You understand that no advice or information, whether oral or written, obtained by you from the Company 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.
The Company 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.

16. Limitation of Liability

16.1 To the maximum extent permitted by law, the Company 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. Without limiting the generality of the foregoing, 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 the Services 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 the Services 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 the Services 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.

16.2 IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS(WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, WARRANTY, OR ANY OTHER LEGAL THEORY OF LIABILITY) ARISING OUT OF OR RELATED TO THE SERVICES, THIS AGREEMENT, THE PRIVACY POLICY, THE REBATE POLICY AND THE COMPANY MOBILE APP END USER LICENSE AGREEMENT EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT (IF ANY) YOU HAVE PAID TO THE COMPANY FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) US $100.00. THIS LIMITATION APPLIES COLLECTIVELY TO THE COMPANY AND ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS.

16.3 Release: To the extent permitted by applicable law, you hereby release and discharge the Company 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), this Agreement, the Privacy Policy, the Rebate Policy and the Company Mobile App End User License Agreement. 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.”

16.4 Each User hereby agrees that under no circumstances will the Company’s total liability to you exceed the amount set forth in the Seet fora nominal amount (as set forth aboave in this Section 16), 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.

17. Indemnification

17.1 You agree to indemnify, defend, and hold harmless the Company 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 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 this Agreement or applicable law, and it causes us to be sued or incur costs, you will cover those costs.
Your Violation of this Agreement, etc: Any breach by you of this Agreement, our policies (including without limitation our Privacy Policy or Rebate Policy), any representations or warranties you provide in this Agreement and/or the Company Mobile App End User License Agreement.
Your User Content: Any content you submit, post, or share on or through the Company. 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 the Services..

17.2 Procedure: If v the Company becomes aware of any Claim for which we might seek indemnification from you, we will notify you (to the contact information we have on file, if any). You agree that the Company 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.

17.3 This indemnity obligation will survive any termination of your account or of the Services or this Agreement. In plain language, if your actions cause us to be sued or to incur costs, you are agreeing to pick up the tab.

18. Change in the Terms of this Agreement.

ONCE THE USER BEGINS TO USE ANY PORTION OF THE SERVICES, THE COMPANY MAY MODIFY THIS AGREEMENT AT ANY TIME AND FROM TIME TO TIME (“CHANGES”), WITHOUT ANY OBLIGATION TO GIVE NOTICE. HOWEVER, THE COMPANY, IN ITS SOLE DISCRETION, MAY ELECT (BUT HAS NOT OBLIGATION TO SO ELECT) TO GIVE NOTICE BY USING ANY METHOD ITS SELECTS TO GIVE SUCH VOLUNTARY NOTICE, INCLUDING BUT IS NOT LIMITED TO, A GENERAL NOTICE ON ANY COMPANY WEBSITE AND/OR WITHIN THE SERVICES. ONCE THE COMPANY PROVIDES SUCH NOTICE OF SAID CHANGE, EACH USER HEREBY AUTOMATICALLY CONSENTS THEREAFTER TO BE BOUND BY THE VERSION OF THIS AGREEMENT THAT IS IN EFFECT THE NEXT TIME THE USER VISITS AND/OR USES ANY PORTION OF THE SERVICES. ANY USE OF THE SERVICES THEREAFTER SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE BY THE USER OF ALL SUCH CHANGES.

19. Governing Law; Arbitration; Class Action Waiver

19.1 Governing Law.

Regardless of where you live or from which physical location you access the Service, the substantive and choice of law provisions of the State of Washington shall apply to this Agreement, without regard to the State of Washington’s conflict of law provisions, but the laws of the State of Washington shall not apply to the arbitration provisions in Section 19.3 of this Agreement, which are governed solely by the Federal Arbitration Act.

19.2 Non-Waiver.

Our failure to exercise or enforce any right or provision of the this Agreement or the Company Privacy Policy shall not constitute a waiver of such right or provision.

19.3 Alternative Dispute Resolution.

BY CONSENTING TO THIS AGREEMENT YOU HEREBY AGREE THAT, IF ANY DISPUTE ARISES OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE COMPANY PRIVACY POLICY, AND/OR YOUR USE OF THE SERVICE AS DESCRIBED IN THIS AGREEMENT (HEREINAFTER COLLECTIVELY REFERRED TO AS THE “DISPUTES”), ANY AND ALL SUCH DISPUTES SHALL BE RESOLVED BY SUBMISSION TO BINDING ARBITRATION IN SEATTLE, WASHINGTON BEFORE A RETIRED JUDGE OR JUSTICE WITH JAMS PURSUANT TO JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES (“JAMS RULES”)IN EFFECT AT THE TIME OF ANY SUCH DISPUTE.

PURSUANT TO JAMS RULES IN EFFECT AT THE TIME, THE COMPANY MAY REQUEST THAT THE ARBITRATOR CONDUCT ANY PROCEEDING, OR ANY PORTION THEREOF, IN PERSON OR VIRTUALLY BY CONFERENCE CALL, VIDEOCONFERENCE OR USING OTHER COMMUNICATIONS TECHNOLOGY WITH PARTICIPANTS IN ONE OR MORE GEOGRAPHICAL PLACES.

YOU AND THE COMPANY MUTUALLY AGREE THAT THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE THE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS AGREEMENT OR THE COMPANY PRIVACY POLICY, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT OR THIS PRIVACY POLICY IS VOID OR VOIDABLE.

IF THE PARTIES ARE UNABLE TO AGREE ON A JAMS RETIRED JUDGE OR JUSTICE WITHIN FIFTEEN (15) CALENDAR DAYS OF A DEMAND FOR ARBITRATION FILED WITH JAMS BY EITHER OF US, JAMS WILL FOLLOW THE PROCEDURE IN ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES TO NAME A RETIRED JUDGE OR JUSTICE WHO WILL ACT AS THE SOLE ARBITRATOR. ANY DECISION OF THE ARBITRATOR MAY BE CONFIRMED BY A COURT OF COMPETENT JURISDICTION AND THE ENSUING JUDGMENT MAY THEREAFTER BE ENFORCED IN THE SAME MANNER AS A JUDGMENT IN A CIVIL ACTION. THE ENSUING JUDGMENT MAY ALSO BE APPEALED PURSUANT TO APPLICABLE FEDERAL LAW. YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT AND THE COMPANY PRIVACY POLICY INVOLVES INTERSTATE COMMERCE AND THAT THIS ARBITRATION PROVISION IS GOVERNED BY THE FEDERAL ARBITRATION ACT.

19.4 Class Action Waiver.

EXCEPT AS OTHERWISE REQUIRED UNDER APPLICABLE LAW, (I) YOU AND THE COMPANY HEREBY MUTUALLY INTEND AND AGREE THAT NEITHER WILL ASSERT ANY CLASS ACTIONS OR REPRESENTATIVE ACTIONS, NOR WILL SUCH ACTIONS OR PROCEDURES APPLY IN ANY ARBITRATION PURSUANT TO THIS PRIVACY POLICY AND THE TERMS OF SERVICE AGREEMENT; (II) WE MUTUALLY AGREE THAT NEITHER WILL ASSERT CLASS ACTION OR REPRESENTATIVE ACTION CLAIMS AGAINST THE OTHER IN ARBITRATION OR IN ANY OTHER PROCEEDING OR ACTION; AND (III) YOU SHALL ONLY SUBMIT YOUR OWN, INDIVIDUAL CLAIMS IN ARBITRATION AND WILL NOT SEEK TO REPRESENT THE INTERESTS OF ANY OTHER PERSON.

19.5 Arbitration Confidentiality.

THE DISPUTES (AS DEFINED ABOVE), AS WELL AS THE ARBITRATION PROCEEDINGS AND AWARD REGARDING SUCH DISPUTES, SHALL BE KEPT STRICTLY CONFIDENTIAL AND GOVERNED BY THE CONFIDENTIALITY PROVISIONS ADDRESSED IN THIS AGREEMENT BETWEEN YOU AND THE COMPANY.

19.6 Arbitral Jurisdiction.

YOU AND THE COMPANY AGREE THAT THIS AGREEMENT AND THE COMPANY PRIVACY POLICY INVOLVES INTERSTATE COMMERCE AND THE ARBITRATION WILL BE GOVERNED BY THE PROVISIONS OF THE FEDERAL ARBITRATION ACT (9 U.S.C. 1 ET SEQ.). WASHINGTON STATE SUBSTANTIVE LAW SHALL GOVERN THE UNDERLYING DISPUTES TO BE ARBITRATED.

YOU AND THE COMPANY AGREE THAT THE ARBITRATOR, NOT ANY FEDERAL OR STATE COURT JUDGE, SHALL HAVE THE EXCLUSIVE JURISDICTION TO RESOLVE ANY AND ALL DISPUTES REGARDING THE ARBITRATOR’S JURISDICTION AND THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS AGREEMENT AND THE COMPANY PRIVACY POLICY AND THE BINDING TERMS OF THE SAME, INCLUDING BUT NOT LIMITED TO DETERMINING WHICH DISPUTES ARE SUBJECT TO ARBITRATION, OR ANY CONTENTION THAT ALL OR ANY PART OF THIS ARBITRATION AGREEMENT IS UNENFORCEABLE, VOIDABLE OR VOID.

20. Miscellaneous

Entire Agreement: This Agreement (along with any other agreements or policies expressly incorporated by reference, including, without limitation, the Privacy Policy, Return Policy and Company Mobile App End User License Agreement) constitute the entire agreement between you and the Company 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 this Agreement(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 this Agreement 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 this Agreement 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: The Company may assign or transfer its rights and obligations under this Agreement for any reason without your consent. This Agreement will inure to the benefit of our successors and assigns. You may not assign or transfer this Agreement 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 the Company are independent contractors. This Agreement does 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 this Agreement.
Third-Party Beneficiaries: ), Except as explicitly set forth in Section 6.2.2 regarding only the App Store Specific Terms set forth therein, there are no third-party beneficiaries to this Agreement. This means no person or entity other than you and the Agreements (and permitted assigns) has any right to enforce any of this Agreement.
Force Majeure: The Company 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 Communications: 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 this Agreement 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 this Agreement are for convenience only and have no legal or contractual effect. In this Agreement, 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: This Agreement is 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.
By using the Services, you acknowledge that you have read this Agreement, understand them, and agree to be bound by them. If you have any questions or concerns about this Agreement, please contact us as described below.

21. Contact Us

The Company values its users and their feedback. If you have any questions, concerns, or comments about this Agreement or the Services, you can reach out to us:

Email:

• For general questions about our Services or this Agreement, email support@golfguiders.com.

• For legal-specific inquiries or notices, you may use legal@golfguiders.com.

Mailing Address:

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 this Agreement.)

If you are contacting us to resolve an issue, please provide as much detail as possible, so we can assist you effectively.

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