Terms of Service

1.Description of the Services

Subject to the terms and conditions specified herein, the Site offers Users information regarding us and our Services and provides information regarding Company. The Site also offers Users the possibility of providing information in order to obtain Company’s Services.

Such Services include but are not limited to offering (and allowing Users to enroll in) custom or curated golf getaways, trips, retreats, outings, and/or experiences, whether individually, with groups, or as part of corporate events (collectively, “Experiences”). Details regarding such Experiences (including but not limited to dates, times, and locations) can be found throughout the Site and are subject to change by Company at any time. The Site may also allow Users to contact Company for further information.

Refund and cancellation policies applicable to Experiences or other services provided by Company are governed by the Participant Agreement or other enrollment documents accepted during purchase or registration. In the event of conflict, the terms of the Participant Agreement will control.

Our Services do not include any representation, warranty, guarantee, promise or otherwise regarding the exact nature, quality, outcome, or results of any Experience(s) (for the avoidance of doubt, nothing contained on the Site or offered through the Services or during the Experiences are intended or should be taken as professional advice or promise of personal or professional success).

2.Collection of Personal Data

Certain of our Services, including obtaining or signing up for Experiences or signing up for updates regarding our Services or any Experiences, require Users to provide personal data, as detailed in our Privacy Policy.

By providing personal data to us (whether directly or through a third-party site), you agree: (i) to these Terms of Service; (ii) to provide true, accurate, current and complete information; (iii) to maintain and promptly update the information to keep it true, accurate, current and complete; (iv) for security reasons, to maintain the confidentiality of personal data; and (v) to take full responsibility for all activities that occur under any customer account created for your use (if any).

Company is not responsible for any loss or damage arising from your failure to comply with the foregoing requirements. If you provide any information that is untrue, inaccurate, not current or incomplete, or to which you do not have rights, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company may suspend or terminate your account (if any) and refuse any and all current or future use of the Services (or any portion thereof).

3.Eligibility

This Site is intended solely for Users who are adults over the age of majority in their place of residence and any registration by, use of, or access to the Site by anyone who is not over the age of majority is unauthorized, unlicensed, and in violation of these Terms of Service. By using the Services or the Site, you represent and warrant that you are over the age of majority and that you agree to and abide by all of the terms and conditions of these Terms of Service. If you violate these Terms of Service, or if you are not over the age of majority, we may, in our sole and absolute discretion, terminate your account (if any) immediately.

4.Proprietary Rights

Company retains all right, title and interest in and to the Services, as well as all data, information, content and materials provided on and/or in connection with the Services (unless otherwise expressly provided by any other agreement between you and Company). Company further retains all right, title and interest in and to the business processes, procedures, methods and techniques used within the Services and all patent rights, copyright rights, trademark rights, trade secret rights, and all other proprietary rights associated therewith.

5.Content of Site and Products

We are not responsible if information on the Site is not accurate, complete or current, and we are not responsible if any information in any materials provided as a result of the Services is not accurate, complete, or current. Any reliance on the material on this Site or obtained in connection with the Services is at your own risk. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Services and/or for any inaccuracy, incompleteness, or error in any content made available on or through the Services.

Information on the Site may contain typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Site is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information on the Site, except as required by law. No specified update to the Site should be taken to indicate that all the information in the Site has been modified or updated.

6.Content Submitted by Users

By providing any information and/or data whatsoever through the Site (“Submission”), you certify that your Submission consists of information you are wholly authorized to provide; that your Submission does not violate the rights of any third party, including, without limitation, copyright, trademark, patent, privacy or any rights creating claims for idea misappropriation or the right of publicity; that your Submission does not contain any material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory, or obscene; and that your Submission does not contain any malicious code, viruses, or other harmful components.

You further acknowledge that your Submission (excluding personal data) becomes the exclusive property of Company; that any Submission (excluding personal data and subject to all data privacy laws and our Privacy Policy) will not be returned or kept confidential (unless otherwise set forth in the Privacy Policy); that Company is not obligated to use or pay you for the Submission; that Company may publish the Submission (other than personal data) in perpetuity in all markets worldwide; and that you grant to Company a royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submission (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

7.Prohibited Conduct

You agree to use the Site and Services only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable law, rules or regulations. You may not:

• Use the Site or Services in any manner that could damage, disable, overburden, or impair the Site or provision of the Services, or interfere with any other party’s use and enjoyment of the Site or obtaining Services;
• Attempt to gain unauthorized access to the Site, the Services, or the computer systems or networks connected to the Site through hacking, password mining or any other means;
• Create user accounts or access the Site or obtain the Services by automated means or under false or fraudulent pretenses;
• Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• Upload, post, email or transmit, or otherwise make available through the Site any inappropriate, defamatory, infringing, obscene, or unlawful content;
• Upload, post, email or transmit, or otherwise make available through the Site any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
• Upload, post, email or transmit, or otherwise make available through the Site any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;
• Run mail list, Listserv, or any form of auto-responder or “spam” on the Site;
• Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site, including to engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
• Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Site, including to utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over the Site’s pages, or otherwise affect the display of the Site’s pages;
• Impersonate another person or entity, or falsify or delete legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
• Remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
• Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site or collect information about its Users for any unauthorized purpose;
• Submit content or information that falsely expresses or implies that such content or information is sponsored or endorsed by Company, any of its affiliates or any third parties;
• Use the Site or Services for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state laws, rules, regulations, or ordinances, or equivalent laws, rules, regulations, or ordinances in foreign jurisdictions);
• Use the Site or Services to harass any third party or entity;
• Promote illegal activities or promote physical harm or injury against any group or individual;
• Share or disclose any third party confidential information (including but not limited to personal data) without the express written consent of such third party; or
• Use the Site or Services for any commercial purpose whatsoever other than for your personal use.

8.Linked Sites

The Site may contain links to other Internet sites, applications and resources. Links found on the Site may let users leave the Site and go to sites operated by parties other than Company. Company does not endorse, and is not responsible or liable in any way for, any content, advertising, services or goods on or available from such sites, applications and/or resources. The linked sites are not under the control of Company and we are not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site.

9.Disclaimers

You understand that the processing and transmission of communications relating to the use of the Site or the Services, including your data, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that Company will not be liable for the timeliness, deletion, mis-delivery or failure to store any data, information or content transmitted by you through the Site.

Company uses commercially reasonable efforts to perform all Services and provide the Experiences in a professional and timely manner consistent with industry standards. However, Company makes no representation or warranty that: (i) the Site or the Services or Experiences will meet your expectations or requirements; (ii) the Site or the Services or the Experiences will be uninterrupted, timely, accurate, secure, complete or error-free; (iii) any results or information that may be obtained from the use of the Site or the Services will be accurate, timely, complete, reliable, or align with actual professional expectations, results, or success; and (iv) any errors in any software used on the Site or in connection with the Services will be corrected. Operation of the Site may be interfered with by numerous factors outside of Company’s control including, but not limited to, telecommunications network disruptions. Company is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Site or the Services.

You further acknowledge, understand and agree that all results and proceeds of the Services may contain errors, inaccuracies, incomplete information, and/or unsound advice and should not be relied upon whatsoever in making any legal, business, personal, professional, or financial decisions.

While we have endeavored to create a secure and reliable Site, Company is not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Site or within the results and proceeds of the Services, or for the consequences of any reliance on such information. You must make your own determination as to these matters. Company and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond its reasonable control including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, pandemic, war, riot, terrorism, telecommunications interruptions or computer viruses, or any other force majeure. The Site may be temporarily unavailable from time to time for maintenance or other reasons.

10.Limitation on Liability

11.Indemnity

You agree to defend, indemnify and hold Company and the Company Affiliates harmless from and against all liabilities, losses, claims, actions, disputes, damages, judgments, costs and expenses (including reasonable attorneys’ fees and costs) arising out of (i) your use or misuse of the Site or the Services, (ii) your breach or alleged breach of these Terms of Service and/or any other agreement you enter into with Company (including but not limited to the Participant Agreement for the Experiences) and/or any other contract or waiver you sign in connection with the Services, and (iii) your violation of any law, rule, regulation, ordinance, or rights of others in connection with your use of the Site or the Services or during any Experience(s).

12.Termination

You agree that Company, in its sole discretion, for any reason, whether with or without cause or warning, and without liability to you, may issue a warning, temporarily suspend, indefinitely suspend, or terminate your account (if any) and/or your access to the Site and/or Services (or any portion of the Site and/or Services) and/or Experiences. In the event of any such termination, Company may delete and/or store, in its sole discretion, data associated with your use of the Site. In the event of termination, Company has no further obligations to you.

13.Governing Law; Dispute Resolution

The laws applicable to the interpretation of this Agreement shall be the laws of the State of California and applicable federal law, without regard to any conflict of law provisions. You agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Services or the Experiences, that you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator to settle the dispute. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney’s fees, even if you would otherwise be entitled to them. Notwithstanding anything to the contrary herein: (a) in the event of a dispute between you and Company (whether in mediation or arbitration), you hereby waive the ability to recover attorney’s fees in connection therewith; (b) in the event you sign a contract in connection with obtaining any of Company’s Services and/or participating in any of the Experiences (including but not limited to the Participant Agreement), the dispute resolution provisions set forth therein, to the extent inconsistent with this paragraph, shall prevail; and (c) Company shall be entitled to seek equitable or injunctive relief (such as to protect its intellectual property or confidential information) in any court of competent jurisdiction, without first engaging in mediation or other informal dispute resolution procedures. In the event no resolution is reached during such mediation, then the dispute shall be resolved exclusively by binding arbitration administered by JAMS in Los Angeles, California, before a single neutral arbitrator.

14.Assignment

Company may assign these Terms of Service at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all or a substantial portion of its assets. You may not assign or transfer these Terms of Service.

15.Miscellaneous

This Agreement constitutes the entire agreement between you and Company with respect to your access and use of the Site and the Services and supersedes all prior and contemporaneous agreements between you and Company (provided that, for the avoidance of doubt, any contract you sign in connection with the Services and all terms and conditions set forth therein, including but not limited to the Participant Agreement, shall be deemed to be incorporated herein). If any of the provisions of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. The failure of Company to exercise or enforce any right or provision of this Terms of Service shall not constitute a waiver of such right or provision. The provisions of Sections 3-15 shall survive any termination of these Terms of Service.

Given the global nature of the Internet, this Site may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.

For any questions or comments, or to report violations of this agreement, contact Company at: linksgolfcollective@gmail.com with “Terms of Service” in the subject line of your email.