These Terms of Use (these “Terms”) form a binding legal agreement between you (“You, “Your,” “Yourself,” or “User(s)”), and Golfer Offer, LLC (“Golfer Offer”) (each, a “Party” and collectively, the “Parties”). Your use of www.golferoffer.com (this “Website”) or any of Golfer Offer’s services constitutes Your acceptance of these Terms, as well as other applicable terms, conditions, limitations and requirements set forth on this Website (including Golfer Offer’s Privacy Policy), all of which (as changed over time) are incorporated herein by this reference.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. BY USING THIS WEBSITE OR ANY SERVICES PROVIDED BY GOLFER OFFER, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS WEBSITE OR GOLFER OFFER’S SERVICES.
1. Golfer Offer Services
Golfer Offer provides golf deal marketing and promotion services through this Website for the purpose of marketing, promoting and selling a third-party merchant’s goods and/or services through a voucher, which can be redeemed at a discount for the participating merchant’s goods and/or services as described in said voucher (“Voucher(s)”). Vouchers obtained through this Website are promotional Vouchers issued by participating third-party merchants (“Merchant(s)”). Golfer Offer is the seller of Vouchers that can be redeemed for goods and/or services from the Merchant. The Merchant is the seller of the goods and/or services, and the issuer of the Voucher, and the Merchant is solely responsible for redeeming Vouchers. Vouchers are featured on this Website for a specified market during the applicable promotion period to be purchased by Users. Golfer Offer promotes one (1) Voucher per associated market. Certain markets may not be available and such markets are subject to change or termination at any time in Golfer Offer’s sole discretion, without notice to Users. Golfer Offer’s services are void where prohibited by law and are initially only available to Users residing in the United States, its territories and possessions (“U.S.”).
2. Website Access and Availability of Services
This Website and Golfer Offer’s services are intended for use by Users who are over the age of thirteen (13) and reside in the U.S. By using or attempting to use this Website, You certify that You meet any other eligibility and residency requirements of this Website. Golfer Offer may change, suspend or discontinue any aspect of this Website or its services at any time (including any element or feature thereof), in whole or in part, for any reason or no reason, in Golfer Offer’s sole discretion, without notice or liability. You are responsible for any charges incurred in obtaining access to this Website. This Website and Golfer Offer’s services are currently provided to Users for free, although Users are given the opportunity to purchase Vouchers for goods and/or services of participating Merchants as outlined above.
3. Your Golfer Offer Account
In order to purchase a Voucher, You must create an account (“Account”). If You register for an Account, You agree to: (i) provide true, accurate and complete information about Yourself as prompted by the registration form; and (ii) maintain and promptly update such information to keep it true, accurate, current and complete as permitted through the functionality of this Website. You shall not: (a) select a username already used by another User; (ii) use a username which another User has rights without such User’s authorization; or (iii) use a username or password that Golfer Offer, in its sole discretion, deems offensive or inappropriate. You acknowledge and agree that Golfer Offer will have no liability associated with or arising from Your failure to maintain accurate information about Yourself, including, without limitation, Your failure to receive important information and updates about this Website or Your purchased Voucher(s). If Golfer Offer has reasonable grounds to suspect that the information You provided on the registration form or otherwise is untrue, inaccurate or incomplete, Golfer Offer may suspend or terminate Your Account and prohibit Your current and/or future use of this Website (or any portion thereof).
Any usernames and passwords used for this Website are for Your individual use only. You are responsible for all use of Your Account under any username or password by any person or entity, and for ensuring that Your Account complies fully with the provisions of these Terms. You are solely responsible for maintaining the security and confidentiality of the password You use to access Your Account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your Account, in Golfer Offer’s sole discretion, and Golfer Offer may refer You to appropriate law enforcement agencies. You may terminate Your Account for any reason or no reason and at any time by sending an e-mail to info@golferoffer.com. You agree to immediately notify Golfer Offer of any unauthorized use of Your password or Account, or any other breach of security. You are responsible for taking precautions and providing security measures best suited for Your situation and intended use of this Website. Golfer Offer has the right to provide User billing, Account, content or use records and related information under certain circumstances (such as response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect its rights, customers or business). Please note that anyone able to provide Your personally identifiable information will be able to access Your Account, so You should take reasonable steps to protect this information. You are responsible for all charges (if any) incurred through Your Account until Your Account is terminated.
4. Vouchers
(a) Purchasing Your Voucher. In order to purchase a Voucher, You must create an Account. A valid credit or debit card is the only acceptable form of payment for purchasing a Voucher. Vouchers do not include gratuity or tax, unless otherwise stated. If taxes are not included in the Voucher, You are responsible for payment of applicable taxes on Your purchased Voucher(s). Golfer Offer is responsible for any credit card processing fees You may incur on Your purchased Voucher(s). Each Voucher is valid for one (1) individual, unless otherwise stated. Your purchase of a Voucher is subject to availability and all Vouchers are transferable. You may purchase multiple Vouchers (subject to availability); however, You cannot purchase more than four (4) of the same Voucher, unless otherwise stated. Each Voucher is subject to these Terms and the terms and conditions of the Merchant. Your purchased Voucher(s) will be delivered to You electronically at the e-mail address You provide in Your Account. Once You receive Your Voucher(s), the Merchant is responsible for all customer service in connection with the Voucher and for supplying the goods and/or services specified in the Voucher.
(b) Redeeming Your Voucher. To redeem a Voucher, You must content the Merchant. Vouchers cannot be redeemed until the day after the promotion period ends and the Voucher has been issued to You. Each Voucher must be redeemed in its entirety on a one (1) time basis, unless otherwise stated. You are not permitted to redeem multiple Vouchers at the same time, unless otherwise stated. If You purchase a Voucher for a round of golf, You must reserve Your tee time at least four (4) days in advance (unless otherwise stated) by contacting the Merchant. All tee times are subject to availability. If a Voucher includes accommodations (i.e., Stay & Play), Your round of golf must be played during Your room reservation dates. Use of Vouchers for alcoholic beverages is at the sole discretion of the Merchant and is subject to compliance with applicable law. If a User makes a partial redemption by redeeming a Voucher for less than its face value, the Merchant will not be responsible for issuing a credit or cash equal to the difference between the face value of the Voucher and the amount redeemed, unless otherwise required by applicable law; however, You will be permitted to redeem the Voucher in the amount of cash You paid for the Voucher. You will only be entitled to a continuing redemption value as noted above, if the amount that You paid for the Voucher exceeds the amount You redeemed. Any attempted redemption inconsistent with these Terms will render Your Voucher null and void to the extent permitted by law.
(c) Refunds. Users must use the entire Voucher. Vouchers are refundable within five (5) days of Your purchase; provided that the Voucher has not yet been redeemed, in whole or in part. If a Merchant is no longer in business before the Voucher expires, then a credit may be applied to Your Account for the amount of cash You paid for the Voucher. Vouchers are not eligible for cash back under any circumstances whatsoever.
(d) Expired Vouchers. The promotional value for a Voucher expires on the expiration date set forth in the Voucher, which dictates the last date that You can redeem Your Voucher for the Merchant’s goods and/or services. After a Voucher has expired, the Merchant will allow You to redeem your expired Voucher in the amount of cash You paid for the Voucher, until that cash amount is redeemed in full. To redeem an expired Voucher, You must contact the Merchant.
(e) Other Limitations. The Merchant’s reservation and cancellation policies apply. Vouchers are not valid for outings, tournaments, or leagues. Vouchers cannot be used with any other offer, Voucher, coupon, promotion, discount or certificate, unless otherwise stated or permitted by the Merchant. Vouchers are not valid on holidays and are only redeemable when the Merchant’s business is operational. Vouchers cannot be applied towards shipping and handling charges, taxes, gratuity, or prior balances, unless permitted by the Merchant. Golfer Offer and the Merchant are not responsible for lost or stolen Vouchers.
5. Merchants
Your correspondence and business dealings with, or participation in promotions of, Merchants found on or through this Website, including payment and delivery of related goods and/or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such Merchant. Golfer Offer will not be responsible or liable for any loss or damage of any sort incurred as the result of Your dealings with Merchants.
6. Conditions of Use
Vouchers are only available through this Website and are subject to availability. Golfer Offer reserves the right, in its sole discretion, to accept, refuse or terminate Your Account for any reason or no reason whatsoever. Unless otherwise stated in these Terms, Vouchers are not transferable to other programs administered by Golfer Offer and/or its affiliates. Your use of this Website shall be limited solely to Your personal and non-commercial use. This Website contains material that is derived, in whole or in part, from material supplied and owned by Golfer Offer as well as third-parties (collectively, the “Content”). As between Golfer Offer and You, Golfer Offer owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with Golfer Offer’s services and the Content. You acknowledge Golfer Offer’s valid intellectual and proprietary property rights in its services and the Content, and that Your use of this Website is limited to the access, viewing and downloading of the Content, all solely as authorized by Golfer Offer. Nothing in these Terms shall be deemed to convey to You any right, title or interest in or to Golfer Offer’s services or the Content, or to any portion thereof, except for the limited rights expressly granted herein. You shall not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (each, a “Device”) or other means remove, alter, bypass, avoid, interfere with, or circumvent: (i) any copyright, trademark, or other proprietary notices marked on this Website or the Content; (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with Golfer Offer’s services or the Content; or (iii) any advertisement on this Website and/or within the Content. You shall not either directly or through the use of any Device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit Golfer Offer’s services or the Content (or any portion thereof), unless expressly permitted by Golfer Offer in writing. You shall not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make Golfer Offer’s services or the Content available via frames or in-line links, and You shall not otherwise surround or obfuscate the Content or Golfer Offer’s services with any third-party content, materials or branding. In addition, You shall not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate the Content or any portion of Golfer Offer’s services. You shall not knowingly or intentionally take any action that may impose an unreasonable burden or load on this Website or its servers and infrastructures. You shall not build a business, in whole or in part, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of Golfer Offer’s services or the Content, whether or not for profit.
7. User Conduct
Please act responsibly when using this Website. You may only use this Website for lawful purposes and in accordance with applicable law, and You are prohibited from storing, distributing or transmitting any unlawful material through this Website. You shall not collect or store personal information regarding other Users. You recognize that storing, distributing or transmitting unlawful material could expose You to criminal and/or civil liability. You agree that if a third-party claims that material You have contributed to this Website is unlawful, You will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Website are the sole responsibility of the sender, not Golfer Offer, and that You are responsible for all material You upload, publicly post or otherwise transmit to or through this Website. The following rules are a condition of Your use of and access to this Website: (i) You are responsible for the content of Your communications made through this Website; (ii) You shall not interfere with any other User from using or enjoying this Website; (iii) You shall not use this Website to threaten, abuse, harass, or invade the privacy of any third-party; (iv) You shall not upload, post, transmit or otherwise distribute or facilitate the distribution of content that is fraudulent or infringes the rights of any third-party, including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights; (v) You shall not upload, post or otherwise distribute or facilitate the distribution of any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate information of any kind, including without limitation, any images or other material of a sexual nature; (vi) You shall not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of this Website or to obtain unauthorized access to Golfer Offer’s services or the Content, or any data or other information of any third-party; (vii) You shall not attempt to gain unauthorized access to other computer systems or networks connected to Golfer Offer’s services or this Website, the Content or any information contained therein for any unlawful purpose (Golfer Offer, in its sole and absolute discretion, shall determine whether any content You transmit or receive, or Your use of this Website violates this provision); (viii) You shall not collect information about other Users in violation of Golfer Offer’s Privacy Policy or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation; (ix) You shall not impersonate or falsely state or otherwise misrepresent Your professional or other affiliation with Golfer Offer; (x) You shall not use this Website, the Content or any information contained therein for any unlawful purpose, and You shall not encourage conduct that would constitute a criminal offense or give rise to civil liability; and (xi) You shall not take any action on this Website that violates any applicable law or these Terms. Golfer Offer may require, at any time, proof that You are following the foregoing rules. Golfer Offer reserves the right to take, or refrain from taking, any and all steps available to it, including suspending or terminating Your access to this Website, or seeking other legal or equitable remedies, once Golfer Offer becomes aware of any alleged violation of these Terms.
8. Service Interruptions & Changes
Golfer Offer, at any time and in its sole discretion, may modify or eliminate its services. By Your use of this Website, You acknowledge that this Website may be unavailable from time to time for any reason, including, without limitation, routine maintenance. You further acknowledge that this Website may be suspended, interrupted or terminated from time to time due to circumstances beyond Golfer Offer’s control and Golfer Offer shall not incur any liability as a result of such suspension, interruption or termination.
9. Site Policies; Modification
Golfer Offer reserves the right to make changes to this Website and these Terms at any time and without notice to You. Golfer Offer further reserves the right at any time to change or discontinue any feature or aspect of this Website. Users are responsible to view any such changes by periodically checking this Website. Your continued use of this Website constitutes Your acceptance to any such changes. If You do not agree to any such changes, You must cease use of this Website and Golfer Offer’s services. Golfer Offer may, in its sole discretion, terminate Your password, Account (or any part thereof), or Your use of this Website, or remove and discard any User Content (as defined below) or information stored, sent, or received via this Website without prior notice and for any reason or no reason whatsoever, including, without limitation: (i) permitting another person or entity to use Your identification to access this Website; (ii) any unauthorized access or use of this Website; (iii) any violation of these Terms; or (iv) tampering with or alteration of any of the software, data files, and/or Content contained in or accessed through this Website. Termination, suspension, or cancellation of these Terms or Your access rights to this Website shall not affect any right or relief to which Golfer Offer may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to You will automatically terminate and immediately revert to Golfer Offer and its licensors, and all rights granted by You to Golfer Offer shall survive in perpetuity.
10. User Content; Grant of Limited License
By Your use of this Website, You acknowledge and agree that any information (except for Your credit/debit card information and Account credentials) You submit through this Website is not subject to any confidentiality obligation and that such information may be disclosed on this Website to other Users. You further acknowledge and agree that any communications You have with Golfer Offer is non-confidential and such information may be used by Golfer Offer, unless otherwise prohibited by applicable law. You agree that any information (except for Your credit/debit card information and Account credentials) provided to Golfer Offer in connection with the purchase of a Voucher may be disclosed to Merchants. Golfer Offer does not control or endorse any content, messages or other information posted by Users and Golfer Offer hereby disclaims any liability concerning said information and any actions resulting from a User’s use of this Website. If You post or upload any content to this Website (“User Content”), You hereby acknowledge and agree that You are granting Golfer Offer (including without limitation, its licensees, affiliates, successors and assigns) a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such User Content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter created. You represent and warrant that You own such User Content or otherwise have sufficient rights in the content to grant to Golfer Offer the foregoing license without infringing or violating the rights of any third-party. Without in any way limiting the foregoing, You acknowledge and agree that Golfer Offer, its licensees, affiliates, successors and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by You to Golfer Offer under these Terms, and to display any advertising, publicity, promotional materials and distribution rights in connection with Your User Content. You further acknowledge and agree that Golfer Offer, its licensees, affiliates, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by You hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with Your User Content. Nothing in these Terms obligates or may be deemed to obligate Golfer Offer or any other person or entity to exercise any of the rights granted by You under these Terms. You will not receive any compensation of any kind for Your User Content or the use thereof, and You agree that there is no industry or other custom or practice that will vary these Terms. You agree that Golfer Offer, its licensees, successors and/or assigns, shall have no obligation to give You credit for Your User Content, but in their sole discretion may elect to do so.
You acknowledge and agree that Your User Content is being sent voluntarily by You, and not in confidence, and that no confidential relationship is intended or created between Golfer Offer and You by Your submission of any User Content. By posting User Content on this Website, You consent to the recording, use and reuse by Golfer Offer, its licensees, successors and assigns, of Your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information, including, without limitation, any information contained in Your User Content (collectively, “Personal Elements”), as used, edited, altered, fictionalized or modified by Golfer Offer, in its sole discretion, in any and all media now known or hereafter created, throughout the world, in perpetuity, including, without limitation, in and in connection with Golfer Offer, or related sites or services, and in connection with any advertising, promotion and publicity as determined by Golfer Offer in its sole discretion. Except as expressly set forth in these Terms, You shall continue to own all rights in and to Your User Content. To the extent Your User Content contains other materials or elements owned by Golfer Offer or any other affiliated company, such as characters or other elements protected by copyright, trademark or other laws, Your rights to make any other use of the User Content will continue to be governed by and may be limited by other applicable laws, the rights of thirdparties and Golfer Offer (as the case may be). User Content does not reflect the views of Golfer Offer. Notwithstanding anything else in these Terms, Golfer Offer should not be seen as endorsing any User Content in any way. User Content posted through this Website are provided by Users who are unaffiliated with Golfer Offer, and the User providing User Content is solely responsible for his/her own User Content. This means that You, and not Golfer Offer, are entirely responsible and liable for any claims, loss or damages relating to all User Content that You upload, post, email or otherwise transmit via this Website. Golfer Offer and its affiliates, including their respective officers, directors, and employees are not responsible for User Content, accuracy or opinions expressed on this Website, nor shall they have any liability for any such User Content. Golfer Offer does not investigate, monitor or check for accuracy or completeness of User Content. You understand that by using this Website, You may be exposed to User Content that is offensive, indecent, or objectionable.
11. Children’s Online Privacy Protection Act Notification
This Website is not designed or intended for use by children under the age of thirteen (13). Pursuant to 47 U.S.C. Section 230(d) as amended, Golfer Offer hereby notifies You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org.
12. Links to Third-Party Sites; Third-Party Content
For Your convenience, this Website may provide links to websites of other persons or entities (collectively, “Third-Party Websites”). YOU ACKNOWLEDGE THAT THIRD-PARTY WEBSITES ARE NOT CONTROLLED BY GOLFER OFFER. ACCORDINGLY, GOLFER OFFER MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEBSITES, HAS NO RESPONSIBILITY FOR THE CONTENTS OF SUCH THIRD-PARTY WEBSITES, AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY WEBSITES. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK. THE INCLUSION ON THIS WEBSITE OF A LINK TO A THIRD-PARTY WEBSITE DOES NOT IMPLY AN ENDORSEMENT BY GOLFER OFFER. IF YOU ACCESS ANY THIRD-PARTY WEBSITE, YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THE THIRD-PARTY WEBSITE WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THE THIRD-PARTY WEBSITE.
13. No Warranty
While Golfer Offer uses reasonable efforts to include up to date information on this Website, Golfer Offer makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.
GOLFER OFFER PROVIDES ITS SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOLFER OFFER, ITS AFFILIATES, AGENTS AND LICENSORS, AND EACH OF THEIR RESPECTIVE DIRCTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SHAREHOLDERS/MEMBERS (AS APPLICABLE), SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “GOLFER OFFER PARTIES”) DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GOLFER OFFER DOES NOT WARRANT THAT ITS SERVICES, OR YOUR ACCESS TO OR USE OF THIS WEBSITE WILL: (I) BE UNINTERRUPTED; (II) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (III) MEET YOUR NEEDS OR REQUIREMENTS; OR (IV) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. GOLFER OFFER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR THROUGH THIS WEBSITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GOLFER OFFER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS WEBSITE OR ANY THIRD-PARTY WEBSITES LINKED TO THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. GOLFER OFFER MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS WEBSITE OR ANY THIRD-PARTY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND GOLFER OFFER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT OF THIS WEBSITE OR ANY THIRD-PARTY WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
14. Product Specifications; Pricing; Typographical Errors
Golfer Offer uses reasonable efforts to describe every Voucher as accurately as possible; however, we are human, and therefore Golfer Offer does not warrant that Voucher specifications, pricing, or other content on this Website is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of a Voucher, Golfer Offer shall have the right to refuse or cancel any orders in its sole discretion. If Golfer Offer charges Your credit/debit card prior to any such cancellation, Golfer Offer will issue a credit to Your Account in the amount of the charge (additional terms may apply).
15. Release; Indemnification
To the fullest extent permitted by applicable law, You agree to defend, indemnify and hold harmless the Golfer Offer Parties from and against any and all claims, demands, actions, suits and proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) any breach of these Terms and/or from Your placement or transmission of any content onto Golfer Offer’s servers, and/or from any and all use of Your Account; (b) any material posted or otherwise provided by You (including without limitation User Content), or any other use of Your Account that infringes any intellectual property right of any person or entity, or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by You in connection with Your use of this Website; (d) any breach of any of the representations, warranties or other terms and conditions relating to Your use of this Website; (e) Your purchase of a Voucher or the goods and/or services provided in connection with the Voucher; and (f) compliance with applicable unclaimed property and other laws relating to redemption of a Voucher or any portion thereof. You acknowledge that each Merchant is responsible for damages, claims, liabilities, and injuries caused, in whole or in part, by the Merchant and suffered by a User. Each Merchant is responsible for compliance with all statutes, rules, ordinances, regulations and orders. The terms of this section shall survive in perpetuity.
16. Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THESE TERMS, IN NO EVENT WILL ANY OF THE GOLFER OFFER PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF OR RELATING TO GOLFER OFFER’S SERVICES OR THIS WEBSITE. GOLFER OFFER’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE PRICE YOU PAID FOR THE VOUCHER AT ISSUE. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE IN PERPETUITY. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
17. Miscellaneous
Golfer Offer endeavors to keep the information on this Website current, including these Terms. If You have further questions, please contact Golfer Offer’s customer service representatives. All questions or disputes involving the interpretation or application of these Terms will be decided by Golfer Offer in its sole discretion and all such decisions shall be final. Nothing in these Terms shall limit Golfer Offer from exercising any legal rights or remedies that it may have. Golfer Offer may send You emails and other communications related to Golfer Offer’s services and Your purchased Voucher(s) (regardless of any settings or preferences related to Your Account). You may be contacted by Golfer Offer and/or its affiliates with future promotional offers. Any personal details and data acquired by Golfer Offer from You through this Website will be subject to Golfer Offer’s Privacy Policy. Nothing contained herein creates a partnership, employment or agency relationship among the Parties, and there are no third-party beneficiaries of these Terms.
Golfer Offer may, but has no obligation to, monitor the use by You and other Users of this Website. During monitoring, any information relating to any User or their respective activities on this Website may be examined, recorded, copied, and used for authorized purposes in accordance with Golfer Offer’s Privacy Policy. Furthermore, Golfer Offer reserves the right at all times to disclose any information posted on any portion of this Website as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Golfer Offer’s sole and absolute discretion are objectionable or in violation of these Terms. Golfer Offer may seek to gather information from the User who is suspected of violating these Terms, and from any other User. If Golfer Offer believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn Users, suspend Users and passwords, terminate Accounts or take other corrective action it deems appropriate. Golfer Offer will fully cooperate with any law enforcement authorities or court order requesting or directing Golfer Offer to disclose the identity of anyone believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS GOLFER OFFER FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GOLFER OFFER DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY GOLFER OFFER OR LAW ENFORCEMENT AUTHORITIES.
18. General
(a) Waiver. The failure of any Party hereto to enforce any provision of these Terms shall not be construed to be a waiver of such or any other provision, nor in any way to affect the validity of all or any part of these Terms, or the right of such Party thereafter to enforce each and every such provision. No waiver of any breach of these Terms shall be held to constitute a waiver of any other or subsequent breach.
(b) Severability. In case any one or more of the provisions contained in these Terms shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and these Terms shall be construed as if such invalid, illegal or unenforceable provision had
never been contained herein.
(c) Assignment. No Party shall have the right to assign its rights or obligations hereunder to any other person or entity without the prior written consent of the other Party hereto, which consent shall not be unreasonably withheld. Subject to the foregoing, this Agreement shall be binding on the parties hereto and their permitted successors and assigns. A sale of substantially all of the stock or assets of a Party, or the reorganization or merger of a Party, shall not constitute an assignment of these Terms.
(d) Limited Time to File Claims. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of this Website or Golfer Offer’s services, or these Terms or Golfer Offer’s Privacy Policy, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(e) Headings. The section headings of these Terms are for convenience only and have no legal or contractual effect.
(f) Governing Law; Venue. These Terms shall be governed by and construed in accordance with the laws of the United States of America and the State of Florida. All disputes which cannot be resolved between the Parties, and any causes of action arising out of or relating to these Terms or Golfer Offer’s services shall be resolved exclusively within the state and federal courts located in Duval County, Florida, without resort to any form of class action, and each Party hereby irrevocably consents to the jurisdiction of such courts and hereby waives all objections thereto.
(g) Jury Trial Waiver. EACH PARTY HEREBY IREEVOCABLY WAIVES ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, OR THE TRANSACTIONS CONTEMPLATED HEREUNDER.
(h) Dispute Resolution. The Parties agree to enter into binding arbitration as their sole method of resolving disputes between the Parties arising out of or relating to these Terms and/or Golfer Offer’s services. The dispute shall be governed and conducted in accordance with the rules of the American Arbitration Association (“AAA”) as may be in effect at such time. All costs and expenses, including reasonable attorneys’ fees, related to the arbitration shall be borne by each Party hereto; however, the Parties shall equally split the costs and fees charged by the arbitrator and AAA.
(i) Entire Agreement. These Terms constitute the entire understanding of the Parties regarding the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings between the Parties, whether written or oral, which are of no force or effect.