Golf Genius Software, Inc. Terms of Service

Effective Date: May, 2020

Welcome to Golf Genius Software. In these terms of service (these "Terms of Service"), the term “Customer” refers to entities with which Golf Genius Software, Inc. (“GGS”, “we”, “our” and “us”) has a direct commercial relationship (e.g., a golf club) and the terms “User”, “you” and “your” refer to individuals who access Golf Genius branded products.

These Terms of Service apply to Users of the public portion of www.golfgenius.com (the

Individuals and other entities using USGA Tournament Management branded products (including portals created by customers of USGA branded products) are subject to the USGA Terms of Service, which can be found here. 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE

Acceptance of Terms of Service; Changes to Terms of Service

Your use of the Service constitutes your acceptance of these Terms of Service. If at any time you do not wish to accept the Terms of Service, you may not use the Service. Any terms and conditions proposed by you which are in addition to or which conflict with these Terms of Service are expressly rejected by GGS and shall be of no force or effect.

GGS shall have the right at any time to change or modify the Terms of Service, or any part thereof, or to impose new conditions, including, but not limited to, adding or modifying fees and charges for use (fee changes shall only apply to new or upgraded subscriptions or renewals made after the effective date of such fee change). Any changes, modifications, additions or deletions to the Terms of Service shall be effective immediately upon posting of the revised Terms of Service on the Site. Any use of the Service by you after posting of the revised Terms of Service shall be deemed to constitute your acceptance of such changes, modifications, additions or deletions. You should periodically review these Terms of Service.

Grant of Rights

Site and Portal

Subject to the terms and conditions of these Terms of Service, GGS grants to you, during the Term (as defined below), limited, personal, non-commercial, non-exclusive, non-transferrable, non-assignable, revocable access to the Site and the Portals which you are permitted to access solely for your personal use.

App

Subject to the terms and conditions of these Terms of Service, GGS grants to you, during the Term, a limited, personal, non-commercial, non-exclusive, non-transferrable, non-assignable, revocable license under copyright to reproduce a copy of the App on your mobile device or tablet solely for your personal use to access the functionalities which you are permitted to access.

Proprietary Rights; Restrictions; Trademarks

As between you and us, we own, solely and exclusively, all right, title and interest in and to the Service and all intellectual property rights pertaining thereto, including, without limitation, all of the technology, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, user interfaces, trademarks, titles, code, data and materials and other items posted on the Service by us, used in connection or associated therewith or arising therefrom.

Any commercial or promotional distribution, publishing or exploitation of the Service or the intellectual property rights pertaining thereto is strictly prohibited unless you have received the express prior written permission from authorized personnel of GGS.

Except as expressly granted in the Grant of Rights section, no license or right under any intellectual property rights pertaining to the Service, including, without limitation, the right to access the source code or object code for the software incorporated into the Service, is granted or implied by these Terms of Service. Other than as expressly allowed herein, you may not (i) download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works of, port, translate, localize, market, sell, lease, license, sublicense, offer as a service or otherwise exploit the Service or the intellectual property rights pertaining thereto or (ii) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Service or intellectual property rights pertaining thereto by any means whatsoever, or disclose any of the foregoing. You further agree that, except as permitted for user posts on certain designated areas of the Service, you may not alter, edit, delete, remove, obscure, otherwise change the meaning or appearance of, or repurpose, any aspect of the Service or the intellectual property rights pertaining thereto, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices.

If you engage in any unauthorized use of the Service or the intellectual property rights pertaining thereto, you may violate copyright and other laws of the United States or other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

The trademarks, logos, service marks and trade names displayed on the Service are registered and unregistered trademarks of GGS and its business associates (collectively, the "Trademarks") and use of such Trademarks is strictly prohibited without the express written permission of GGS or the respective Trademark owners. Without limiting the generality of the foregoing, you shall not use the Trademarks in any manner that disparages or discredits GGS or the respective Trademark owners. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks.

Registration

You may register to use the Service, and you may be asked to pay applicable fees. You are responsible for maintaining the confidentiality of your account information (including, without limitation, your user name and password) and you agree to accept responsibility for all activities that occur under your account. You may terminate your registration by sending a message to dpo@golfgenius.com.

Fees and Payment

If you purchase services through the Service, you agree to pay all applicable fees associated with your account. GGS will automatically charge your credit card for all applicable fees, unless other arrangements have been made. Unless otherwise expressly stated in these Terms of Service, all fees and charges are nonrefundable.

User Conduct

While using the Service, in addition to the restrictions set forth in the Proprietary Rights; Restrictions; Trademarks section of these Terms of Service and any supplementary terms and conditions that may be posted or otherwise made available in connection with particular components or features of the Service, you will not:

  • impersonate any person or entity or misrepresent your affiliation with any other person or entity;
  • obtain or attempt to obtain unauthorized access to other computer systems, materials, information or services through any means, including, without limitation, accessing fee-based components or features of the Service through a free account;
  • use the Service in any manner with the intent to interrupt, damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service;
  • engage in spidering, screen scraping, database scraping, harvesting of e-mail addresses or other personal information or any other automatic or unauthorized means of accessing, logging-in or registering on the Service or obtaining lists of users or other information from or through the Service, including, without limitation, any information residing on any server or database connected to the Service;
  • submit, post, upload, send or otherwise transmit any information or material which constitutes or contains a virus, spyware or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind;
  • use the Service in violation of GGS's or any third party's intellectual property or other proprietary or legal rights; or
  • use the Service in violation of any applicable law.

We cannot and do not assure that other users are or will be complying with the foregoing rules of conduct or any other provisions of these Terms of Service, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

Submission of Materials

Unless specifically requested, we will not solicit, nor do we wish to receive, any confidential, secret or proprietary information or other material from you through the Service, including, but not limited to, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials, score entries and other non-personal information submitted, posted, uploaded, sent or otherwise transmitted to, on or through the Service ("Submitted Materials") will not be deemed to be confidential or secret. By submitting, posting, uploading, sending or otherwise transmitting Submitted Materials to, on or through the Service, you: (i) represent and warrant that either (A) the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived or (B) you have the necessary licenses, rights, consents and permissions to use submit, post, upload, send or otherwise transmit such Submitted Materials to, on or through the Service, and (ii) grant us and our affiliates and business associates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable and assignable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, have made, sell, export and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed solely for the purpose of providing the Service. We cannot be responsible for maintaining any Submitted Materials, and we may delete or destroy any such Submitted Materials at any time.

In addition, we reserve the right, but do not have or assume any obligation, to monitor and review all Submitted Materials, including, but not limited to, the right to disclose any Submitted Materials as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any Submitted Materials (in whole or in part) that we, in our sole discretion, find objectionable or in violation of these Terms of Service, our policies or applicable law.

Privacy Policy

In the course of your use of the Service you may provide certain information to us as part of the registration process or otherwise in the course of using the Service, including, without limitation, personally identifiable information, such as, your name, phone number, email address, as well as other information concerning your or another individual's participation in the applicable golf event (such information referred to hereinafter as "User Information"). GGS's information collection and use policies with respect to the privacy of such User Information are set forth in our privacy policy located here https://www.golfgenius.com/privacy ("Privacy Policy"), which we may, in our sole discretion, amend from time to time. You acknowledge and agree that by using the Service, you accept the collection and use policies set forth in the Privacy Policy. You further acknowledge and agree that you are solely responsible for: (i) the accuracy and content of User Information and (ii) if you are providing User Information about a third party to us, for obtaining any consents and authorizations of the applicable third party that may be required by applicable law before providing such User Information to us.

Data Collection on Behalf of Customers

In the event we collect from you any personal information on behalf of a golf club or other Customer of GGS, you acknowledge and agree that such information will be treated in accordance with the privacy policy of such Customer and not the Privacy Policy (in the absence of a Customer privacy policy, the Privacy Policy will apply). In addition, in the event we collect from you any “personal data” as defined by and subject to laws of any national law of an EU member state adopted pursuant to Regulation (EU) 2016/679 (“Personal Data”) and GGS processes Personal Data on behalf of a Customer, then you acknowledge and agree that the Customer is the controller of the Personal Data and GGS is the processor of the Personal Data under these Terms of Service.

Linking to a Site

You are not permitted to link directly to any image hosted on the Service, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on the Service on another web site, for any purpose, including, without limitation, posting such images on another web site. You agree not to link from any other web site to the Service in any manner such that the Service, or any page of the Service, is "framed," surrounded or obfuscated by any third-party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Service be discontinued, and to revoke your right to link to the Service from any other web site at any time.

Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless GGS and its affiliates and subsidiaries and its and their respective directors, officers, shareholders, employees, representatives, business associates, suppliers and agents ("Indemnified Parties"), against any claim, suit, action or other proceeding brought against any Indemnified Party arising out of any Submitted Materials that you provide, your use of the Service, your connection to the Service, your violation of these Terms of Service or applicable law, or your violation of any rights of a third party. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. In connection with any such claim, GGS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with GGS's defense of such claim.

Advertisements, Searches and Third Party Web Sites

GGS may provide links to third-party web sites through the Service. We do not recommend and do not endorse any such third parties or the content on any third party web sites. GGS is not responsible for the content of linked third-party web sites, sites framed within the Service, third party web sites provided as search results, or third party advertisements; and GGS does not make any representations or warranties regarding their content, accuracy, compliance with state or federal law, including, without limitation, compliance with copyright and other intellectual property laws, or protection of any personally identifiable information provided to such third parties. Your use of third party web sites is at your own risk and subject to the terms and conditions of use and privacy policies for such web sites. GGS does not endorse any product, service, or treatment advertised on the Service.

Notice of Content Removal Procedure; Copyright Agent

Copyright owners may report alleged infringements of their works that are posted on the Service by sending to GGS's authorized agent a notification of claimed infringement that satisfies the requirements of the Digital Millennium Copyright Act ("DMCA"), including the following information:

  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, telephone number and (if available) e-mail address.
  • A statement that you have good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Upon GGS's receipt of a satisfactory notice of claimed infringement for such works, GGS will respond expeditiously to remove the allegedly infringing work(s).

Copyright owners may send GGS a notification of claimed infringement to report alleged infringements of their works to:

Golf Genius Software, Inc.
Attn: Privacy Officer
311 Orchard Way
St. Davids, Pennsylvania 19087
Facsimile: 267 200 0130
Email: dpo@golfgenius.com 

Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to GGS, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.

If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to GGS. Upon GGS receipt of a counter notification that satisfies the requirements of DMCA, GGS will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that GGS will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

DISCLAIMER OF WARRANTIES

THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS PROVIDED THROUGH THE SERVICE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GGS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES WITH RESPECT TO TITLE, NON-INFRINGEMENT, UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS OR USEFULNESS OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS PROVIDED THROUGH THE SERVICE. FURTHER, WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR USE OF OR BROWSING IN THE SERVICE OR YOUR DOWNLOADING OF ANY CONTENT OF ANY KIND FROM THE SERVICE.

WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SERVICE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN A GGS AUTHORIZED REPRESENTATIVE WHILE ACTING IN THEIR OFFICIAL CAPACITIES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL GGS OR ITS AFFILIATES AND SUBSIDIARIES, OR ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, BUSINESS ASSOCIATES, SUPPLIERS, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE DAMAGES OR EXEMPLARY DAMAGES, UNDER ANY THEORY OF LAW (INCLUDING, WITHOUT LIMITATION, CONTRACT OR IN TORT) ARISING IN ANY WAY OUT OF YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS PROVIDED THROUGH THE SERVICE, OR THE PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE, EVEN IF GGS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL GGS'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE SERVICE DURING THE TWELVE MONTH PERIOD PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE.

Term; Termination of Access and Use

These Terms of Service commence on the date you accept these Terms of Service and will remain in effect until you cease accessing the Service or we terminate these Terms of Service (whichever is earlier) (“Term”).

We may terminate, change, suspend or discontinue any aspect of the GGS Service at any time. We may restrict, suspend or terminate your access to or use of the GGS Service if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability.

Upon termination of these Terms of Service for any reason, you must cease all use of the Service. Termination of these Terms of Service for any reason shall not limit any of our rights or remedies at law or in equity.

Access Outside of the United States

GGS is based in the Commonwealth of Pennsylvania, in the United States of America with principal offices in St. Davids, Pennsylvania. GGS makes no claims that the Service or any of its content are appropriate or may be downloaded or accessed outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Applicable law and Jurisdiction

These Terms of Service are governed by the laws of the Commonwealth of Pennsylvania, .The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms of Service. If any provision of these Terms of Service is found to be invalid, illegal or unenforceable by any court having competent jurisdiction, the validity, legality and enforceability of any such provision in every other respect and of the remaining provisions contained in these Terms of Service shall not be in any way impaired thereby, it being intended that all of the rights and privileges of the parties hereto shall be enforceable to the fullest extent permitted by law. If any court determines that any of the provisions of these Terms of Service, or any part thereof, are unenforceable for any reason, such provision shall be reduced so that such provision becomes enforceable and, in its reduced form, such provision shall then be enforceable and shall be enforced. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. All parties to these Terms of Service waive their respective rights to a trial by jury. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with GGS, or in any way relating to your use of the Service, resides in the state and federal courts of the Commonwealth of Pennsylvania and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts located in the Commonwealth of Pennsylvania in connection with any such dispute involving GGS or its affiliates and subsidiaries, and its and their respective directors, officers, shareholders, employees, representatives, business associates, suppliers and agents.

Arbitration

You agree that GGS may elect to resolve any controversy or claim arising out of or relating to these Terms of Service by binding arbitration in accordance with the rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated in Philadelphia, Pennsylvania on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. You and GGS shall each pay an equal portion of the arbitration fees and costs.

Notices

Except as explicitly stated otherwise, any notices shall be given by email to info@golfgenius.com or such other address as either party may specify. Notice shall be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid or that the message was otherwise returned as undeliverable. Such emails shall satisfy any legal requirement that communications be made in writing.

These Terms of Service were last updated on May 25, 2018