TERMS OF SERVICES

Last updated: May 15, 2019

Thank you for choosing aboutGOLF Global, Inc. (“aG”).  aG provides services with social and interactive features for improving your golf game and other content as well as other products and services that may be developed from time to time. By using any of these aG services and products, including all associated features and functionalities, websites and user interfaces, as well as all associated content and software applications (“Content”) (collectively, the “aG Services”), or any videos or other Content that is made available through the website you are entering into a binding contract with aG.

 

Please read these Terms of Services ("Terms", "Terms of Services) carefully before using the http://aboutgolf.com website (the "Services") operated by aG (also referred to herein as: “us," "we,"or "our").

USING AG SERVICES

 

aG Services and content offered in connection with the Services (“Content”) are the property of aG or its licensors.  AG Grants you a limited, non-exclusive, revocable permission to use the aG Services and Content. Your access to and use of the Services and Content is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Services.

You agree to abide by aG’s User Guidelines detailed below.

The aG Content, including software, is not sold or transferred to you, and aG and its licensors retain ownership of all copies of aG software applications and Content, even after installation on your aG simulator (“Facility”), personal computers, mobile telephones, tablets, wearable devices, and/or other Devices. (“Devices”).

You acknowledge you have read and understand the Terms, accept these Terms and agree to be bound by them.  By accessing or using the Services you agree to be bound by these Terms. If you disagree with or cannot comply with any part of the Terms, then you do not have permission to access the Services. You agree not to use the Services or Content, and any part thereof, in any manner not expressly permitted by the Agreements. 

If you have purchased an aG Facility, or access the Services or Content on another device, separate terms and conditions may apply to your use of the Facility and access to Services on the Facility.  You agree to abide by these terms and conditions.

You agree the Services, the Content, or any part thereof in any manner not expressly permitted by these Terms. Except for the rights expressly granted to you in the Terms, aG grants no right, title, or interest to you in the aG Services or Content.

THIRD PARTY APPLICATIONS AND DEVICES

The Services may be integrated with or may otherwise interact with third party applications, websites, and services and third party Devices to make the Services (“Third Party Applications and Devices”) available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies which are available to you with the applications and devices and/or on the http://aboutgolf.com website. You understand and agree that aG does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does aG arrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service.

SERVICE OPTIONS

Certain service options, for example different levels of Membership in the aG Links™ platform, are available, and may require payment.  We will explain the service options available when you subscribe, some may be free-of-charge.

USER-GENERATED CONTENT

aG users may be able to post, upload, or otherwise contribute content to the Service (which may include, for example, pictures, text, messages, information, playlist titles, descriptions and compilations, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted on the aG website. You are solely responsible for all User Content that you post. aG is not responsible for User Content nor does it endorse any opinion contained in any User Content.

You promise that, with respect to any User Content you post, (1) you own or have the right to post such User Content, and (2) such User Content, or its use by aG as contemplated by these Terms, does not violate the Terms or any applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by aG, without express written consent from aG.

 

aG may, but has no obligation to, monitor, review, or edit User Content. In all cases,aG reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in aG’s sole discretion, violates these Terms.  aG may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST aG RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD aG HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

RIGHTS YOU GRANT AG

In consideration for the rights granted to you under these Terms, you grant aG the right (1) to allow the aG Services to use the processor, bandwidth, and storage hardware on your aG Facility and/or any of your device used to access Services, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the  Services, the Content you access, including its selection and placement, may be influenced by commercial considerations, including aG’s agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by aG may contain advertising as part of the Content. The Services make such Content available to you unmodified.

If you provide feedback, ideas or suggestions to aG in connection with the Services or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize aG to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

 

You grant aG a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

USER GUIDELINES

 

aG respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Services. You must follow these rules and should encourage other users to do the same.

The following is not permitted for any reason whatsoever:

1. copying, redistributing, reproducing, “ripping,” recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Services or the Content, or otherwise making any use of the Services or the Content which is not expressly permitted under these Terms or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Services or the Content or any part thereof;

2. using the Services to import or copy any local files that you do not have the legal right to import or copy in this way;

3. transferring copies of cached Content from an authorized Device to any other Device via any means;

 

4. reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Services or Contents, or any part thereof except to the extent permitted by applicable law;

 

5. circumventing any technology used by aG, its licensors, or any third party to protect the Content or the Services;

 

6. selling, renting, sublicensing or leasing of any part of the Services, Membership or the Content;

 

7. circumventing any territorial restrictions applied by aG or it licensors;

 

8. artificially increasing play counts, follow counts or otherwise manipulating the Service by (i) using any bot, script or other automated process, (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;

 

9. removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Services or provided through the Services (including for the purpose of disguising or changing any indications of the ownership or source of any Content);

 

10. providing your password to any other person or using any other person’s username and password;

 

11. “crawling” the Services or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from aG or the aG Service;

 

12. selling a user account, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or the content included on an account; or

 

13. artificially promoting Content by automated means or otherwise.

 

Please respect aG, the owners of the Content, and other users of the Services. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:

 

14. is offensive, abusive, defamatory, pornographic, threatening, or obscene;

15.  is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of aG or a third party;

 

16.  includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;

 

17.  includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Services;

 

18.  is intended to or does harass or bully other users;

 

19.  impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;

 

20.  involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;

 

21.  involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by aG;

 

22.  links to, references, or otherwise promotes commercial products or services, except as expressly authorized by aG;

 

23.  interferes with or in any way disrupts the Services or Content, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Services or aG’s computer systems, network, usage rules, or any of aG’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or

 

24.  conflicts with the Agreements, as determined by aG.

 

You acknowledge and agree that posting any User Content that violates these User guidelines (or that aG reasonably believes violates these User guidelines) may result in immediate termination or suspension of your aG account and Membership. You also agree that aG may reclaim your username for any reason.

 

The aG Services include social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users.

 

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.

COMMUNICATIONS

By creating an Account on our Services, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

PRIVACY

aG respects your privacy.  Please refer to the aG Privacy Policy statement available on the aboutgolf.com website.

PURCHASES MADE ON THE AG WEBSITE

 

If you wish to purchase any product or Services made available through the Services ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

 

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

 

The Services may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

 

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or Services availability, errors in the description or price of the product or Services, error in your order or other reasons.

 

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

SERVICE LIMITATIONS AND MODIFICATIONS: AVAILABILITY, ERRORS AND INACCURACIES

aG is constantly updating product and Services offerings on the Services. There may be delays in updating information on the Services and in our advertising online. The information found in the Services may contain errors or inaccuracies and may not be complete or current. Products or Services may be mispriced, described inaccurately, or unavailable on the Services and we cannot guarantee the accuracy or completeness of any information found on the Services.

 

aG will make reasonable efforts to maintain the operation of the Services. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions.  aG reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, including changing or updating information and to correct errors, inaccuracies or omissions at any time, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Services or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees to aG for paid Membership Subscriptions that aG permanently discontinues prior to the end of the Pre-Paid Period, aG will refund you the prorated prepaid fees for the Pre-Paid Period after such discontinuation.

You understand, agree, and accept that aG will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Services and Content, and to provide all or any specific content through the Service. aG and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.

CONTESTS, SWEEPSTAKES AND PROMOTIONS

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Services may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Services, the Promotion rules will apply.

MEMBERSHIP SUBSCRIPTIONS

Some parts of the Services are billed on a membership subscription basis ("Subscription"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on an annual basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or aG cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting aG customer support team.

 

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide aG with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize AG to charge all Subscription fees incurred through your account to any such payment instruments.

 

Should automatic billing fail to occur for any reason, aG will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

 

 

FEE CHANGES

aG, in its sole discretion and at any time, may modify the fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

aG will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Services after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

REFUNDS

Except when required by law, paid Subscription fees are non-refundable, however they may be pro-rated for changes in membership level or in the event of termination, in the sole discretion of aG.

CONTENT

Our Services allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Services, including its legality, reliability, and appropriateness.

By posting Content on or through the Services, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Services. However, by posting Content using the Services you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services. You agree that this license includes the right for us to make your Content available to other users of the Services, who may also use your Content subject to these Terms.

aG has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Services is the property of aG or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from aG.

ACCOUNTS

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Services.

 

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Services or a third-party Services. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

 

We reserve the right to refuse Services, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

CUSTOMER SUPPORT

For customer support with questions regarding your aG account, Membership Subscription or our website, please contact our Customer Service department through our website or by telephone at the contact telephone numbers provided.  aG will reasonably endeavor to respond to Customer Support inquiries within a reasonable time, however we do not guarantee that a support inquiry will be responded to within a particular time frame, or that we will be able to answer an inquiry.

INTELLECTUAL PROPERTY

The Services and their original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of aG and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. aG’s trademarks and trade dress may not be used in connection with any product or service, without the prior written consent of aG.

LINKS TO OTHER WEB SITES

Services may contain links to third party web sites or Services that are not owned or controlled by aG.

Ag has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or Services. aG does not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that aG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Services available on or through any such third party web sites or Services.

aG advises you to read the terms and conditions and privacy policies of any third party web sites or Services that you visit.

TERMS AND TERMINATION

aG may terminate or suspend your account and bar access to the Services and Content immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

The Terms will continue to apply to you until terminated by either you or aG. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Terms for any reason. aG may terminate the Terms or suspend your access to the Services at any time, including in the event of your actual or suspected unauthorized use of the Services and/or Content, or non-compliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you with reasonable notice in advance of doing so). If you or aG terminate the Agreements, or if aG suspends your access to the Services and Content, you agree that aG shall have no liability or responsibility to you, and aG will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your aG account, please contact us through the Customer Service link available on the aG website. This section will be enforced to the extent permissible by applicable law.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

INDEMNIFICATION OF AG

You agree to defend, indemnify and hold harmless aG and its licensee and licensors, and their employees, contractors, agents, consultants, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Services.

LIMITATION OF LIABILITY

In no event shall aG, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

WARRANTY DISCLAIMER

YOU UNDERSTAND AND AGREE THAT THE aG SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. aG AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER aG NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICES AND CONTENT ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, aG MAKES NO REPRESENTATIONS NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE aG SERVICE SOR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.  aG IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM aG SHALL CREATE ANY WARRANTY ON BEHALF OF aG. WHILE USING THE aG SERVICES. aG its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.

 

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

LIMITATION OF REMEDY

 

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SPOTIFY SERVICE IS TO UNINSTALL ANY SPOTIFY SOFTWARE AND TO STOP USING THE SPOTIFY SERVICE. YOU AGREE THAT SPOTIFY HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SPOTIFY SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO SPOTIFY, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

IN NO EVENT WILL SPOTIFY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SPOTIFY SERVICE, DEVICES THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SPOTIFY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SPOTIFY SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO SPOTIFY DURING THE PRIOR TWELVE MONTHS IN QUESTION.

Nothing in the Terms removes or limits aG’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

GOVERNING LAW

 

These Terms, and any disputes or claims arising out of or in connection with the Terms shall be governed and construed in accordance with the laws of the state of Washington, United States, without regard to choice or conflicts of law principles.  Further, you and aG agree to the jurisdiction of the courts of King County or the Western District of Washington to resolve any dispute, claim or controversy that relates to or arises in connection with the Terms and any disputes or claims arising out of or in connection with the Terms.

NO WAIVER

 

The failure of aG to enforce any right or provision of these Terms will not be considered a waiver of those rights.

SEVERABILITY AND INTERPRETATION

Unless as otherwise stated in the Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms.

As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”

 

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

 

ENTIRE AGREEMENT

These Terms constitute all the terms and conditions agreed upon between you and aG and constitute the entire agreement between us regarding aG’s Services and Content, and supersede and replace any prior agreements, whether written, digital or oral, in relation to the subject matter of these Terms, that we might have had between us regarding the Services and Content.

ASSIGNMENT

aG may assign these Terms, and any of its rights under the Terms, in whole or in part, and aG may delegate any of its obligations under the Terms.  You may not assign the Terms, in whole or in part, nor transfer or sub-license your rights under the Terms, to any third party.

 

CHANGES TO TERMS

 

aG reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is considered by aG to be a material change, aG will provide at least thirty (30) days notice prior to any new terms taking effect. What constitutes a material change will be determined at aG’s sole discretion.

 

By continuing to access or use aG’s Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

CONTACT US

If you have any questions about these Terms, please contact us at http://aboutgolf.com; 800-445-GOLF.

CONTRACTING ENTITY

aboutGOLF Global, Inc.

5105 Carillon Pt.

Kirkland, WA  98033

 

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© 2019 aboutGOLF® United States. All Rights Reserved.  

ABOUTGOLF MISSION

At its core, golf is founded on community. aG allows you to play indoors while connecting with other members locally and beyond. aG promotes the game of golf to anyone, anytime, anywhere. We are the platform for the Modern Golf industry.