Terms and Conditions

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GolfLine, Inc.

Terms and Conditions

Updated: September 2018

Welcome to GolfLine. These terms and conditions (the “Terms”) apply to your use of GolfLine Inc.’s (“GolfLine”, “we”, or “us”) online interfaces and properties, including the mygolfline.com website, GolfLine mobile and tablet applications, and SmarTee powered by GolfLine. (the “Services”). The Terms apply to all users of the Services (“User”, “you” or “your”), whether or not you have registered for same. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS and agree that you shall comply with the Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use the Services.

  1. Term. The Terms shall remain in full force and effect while you use the Services. You may terminate your use of or registration for the Services at any time, for any reason or no reason, and GolfLine may terminate your use of or registration for the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party.
  2. Modifications. We may modify this Agreement from time to time, and at any time, without notice to you, for any reason, in our sole discretion. We will post or display notices of material changes to the Services and/or notify you via electronic means about these changes. The form of such notice is at our discretion. Once we post or make the changes available on the Services, these changes become effective immediately. Your use of the Services after the changes become effective will signify your agreement to be bound by the changes. We recommend that you review the Terms regularly so you are aware of the most current rights and obligations that apply to you.
  3. User Registration. In order to access and use the Services, we may require that you register for the applicable Services and have a unique email address and password combination (“User Credentials”). You may also be requested to provide certain additional information, which may include, without limitation, legal name, address, phone number, credit/debit card information and other data (collectively, a “User Account”). You represent and warrant that all User Credentials and User Account information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. You are responsible for maintaining the strict confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Services by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, including, without limitation, any fee­ based transactions. It is therefore critical that you do not share your User Credentials with anyone. It is your sole responsibility to (a) control the dissemination and use of your User Credentials and User Account (b) update, maintain and control access to your User Credentials and User Account; and (c) cancel your User Account when you no longer wish to use the Services. GolfLine shall not be responsible or liable for any loss or damage arising from your failure to comply with this Section 3.
  4. Personal Information. We respect your privacy and the use and protection of your personally identifiable information. While using the Services, you may provide certain personal or personalized information to us about yourself or others (such information referred to hereinafter as “Personal Information”). Our information collection and use policies with respect to the privacy of such Personal Information are set forth in our Privacy Policy. We encourage you to read the Privacy Policy, and use it to help make informed decisions. You acknowledge and agree that you are solely responsible for the accuracy and content of Personal Information.
  5. Payment, Pricing, and Related Terms of Service.

    5.1Age. You may only use the Services if you are 13 years of age or older, and you hereby represent and warrant that you are at least 13 years of age.

    5.2Payment Guaranty. You hereby represent, warrant and agree that you shall pay in full the prices (including, without limitation, all applicable taxes (as more fully described below) for any purchases you, or anyone using the User Account registered to you, make via an Authorized Payment Method (as defined below).

    5.3Payment Method and Terms. You will be charged for any purchases you make using the Services when your purchase is confirmed. The Services accept certain methods of payment (each, an “Authorized Payment Method”), subject to certain restrictions, including, without limitation, territory restrictions, bank/payment card restrictions, spending limits, third party service provider restrictions or otherwise, which may prevent the processing of your purchase. If a transaction has been declined due to payment card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another Authorized Payment Method. All purchases are final once you click the "MAKE AN OFFER" "BUY NOW" or similar button/link and billing to your payment card occurs at such time or shortly thereafter. If payment is not received by us from your credit, debit or charge card issuer or its agents or other payment service provider, you agree to promptly remit all amounts due to us upon demand.

    5.4Cancellations. Some golf courses may allow tee time reservations to be cancelled after they are purchased in accordance with the cancellation policy stated in the Services (the “Cancellation Policy”). If a User cancels a tee time reservation in accordance with the Cancellation Policy, the User will receive a credit to their User Account in the amount of the purchase, less any cancellation fees charged by the golf course and/or GolfLine as stated in the Cancellation Policy. Credits may be applied to any subsequent purchase made using the Services at any golf course during the following 12 months.
    A golf course's decision to treat a cancellation differently than GolfLine’s cancellation and refund policy will not be deemed a waiver of our policies.  The policies set forth herein are the sole and exclusive policies that govern reservations that you make through GolfLine.

    5.5Rain Checks. You must request a rain check from the golf course if you cannot complete a round that you started because the golf course closes due to weather or other issues. GolfLine will not issue a refund or a credit for that round. Rain checks may only be redeemed at the golf course that issued them and cannot be used to make other purchases using the Services.
    If a tee time becomes unavailable due to an official closing of the golf course (e.g., for inclement weather or other reasons), we will issue a full refund to your credit card after we confirm with the course that it was closed. Please email us at contact@mygolfline.com if you need to request a refund because the course was closed.

    5.6Taxes. You are responsible for any taxes imposed on any transactions in connection with or purchases made using the Services. Any applicable taxes will be added to the amount charged for the applicable transaction. Such taxes in connection with the Services may include, without limitation, sales tax, use tax and any other applicable taxes. No Users are eligible for tax exemptions for transactions made in connection with the Services.

    5.7Credit Card Chargebacks. You have the ability to dispute charges with credit card companies (“Chargebacks”). If you have a question about a charge on your credit card statement, we encourage you to contact GolfLine prior to disputing a charge with your credit card company to discuss any questions or concerns about the charges with us. GolfLine retains the right to dispute any chargeback that it believes is improper, as described more fully below. GolfLine also retains the right to fully cancel any tee time reservation in the event of a chargeback related to that reservation.
    By using the Services to make a reservation with a golf course, you accept and agree to the relevant Cancellation Policy of that golf course. The Cancellation Policy for each tee time reservation is made available on our site prior to its purchase. Please note that not all reservations are eligible for cancellation. GolfLine deems the following Chargeback scenarios as improper and retains the right to investigate and rebut any such Chargeback claims and to recover from you costs incurred by GolfLine as a result of such Chargeback claims.

    • Chargebacks resulting from non-cancellable tee time reservations, or tee times that were not cancelled in a timely manner as required by the Cancellation Policy, whether or not the reservation is used.
    • Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your User Account.

    5.8Support. If you have a complaint or dispute about a certain charge, you should promptly notify GolfLine customer service of such complaint or dispute by sending a detailed email to contact@mygolfline.com.

    5.9Indemnity. You agree to defend, indemnify and hold GolfLine and its affiliates, and their respective directors, officers, employees and agents harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with your use of the Services or your breach or violation of the Terms of Use.

  6. DISCLAIMER. THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS”AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SERVICES AND THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE HEREBY DISCLAIMED. Without limiting the foregoing, GolfLine is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services, including, without limitation, user postings and content associated with your use of the Services.
  7. LIMITATIONS OF LIABILITY. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GOLFLINE, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICES OR FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. You further understand and acknowledge the capacity of the Services, in the aggregate and for each User, is limited. Consequently, some messages and transmissions, may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that GolfLine assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions and you are hereby expressly advised not to rely upon the timeliness or performance of the Services for any transactions. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in the Terms of Use may not apply to you.
  8. Mobile Apps & Services. GolfLine offers the Services through applications available on your wireless or other mobile device, such as a mobile phone or tablet (the “Mobile Application Services”). These Mobile Application Services are governed by the Terms. These Mobile Application Services may be provided at no charge to you or may be available for a fee, as provided in the terms presented to you in connection with your download of such Mobile Application Service. In addition, your wireless carrier’s standard messaging rates and other messaging, data and other rates and charges may apply to certain Mobile Application Services. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information, or otherwise notify us that the wireless telephone number is no longer associated with you and identify such wireless phone number, to ensure that future messages directed to you are not sent to the person to whom your old number has been or will be assigned.
  9. Assignment. In our sole discretion, we may assign these Terms without notice to you. You may not assign these Terms without our prior written consent.
  10. Governing Law.This Agreement and your use of the Services is governed by, construed and enforced in accordance with the internal substantive laws of the State of Florida (notwithstanding the State’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in Florida. For the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in Brevard County Florida and agree you shall not object to such jurisdiction or venue for any reason. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
  11. Geographic Restrictions. The Services are controlled and operated by GolfLine entirely from its offices in the United States and GolfLine makes no representation or warranty that the Services or content contained on or made available in connection therewith is legal, appropriate or available for use in other locations. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulation, if and to the extent local laws, rules and regulations are applicable.