8AM Golf

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Terms of service

8AM Golf Terms of Use

Effective APRIL, 10, 2024

1. ACCEPTANCE OF THE TERMS OF USE

IMPORTANT! PLEASE READ CAREFULLY. By using and/or visiting the Service (defined below), you accept and agree to these Terms of Use (“Terms”) and acknowledge our Privacy Policy. These Terms constitute a legal agreement between you and 8AM Golf Holdings, LLC, along with its affiliated companies listed below (“8AM” “us,” “our,” or “we”) and spell out the terms and conditions to which you must adhere. If you do not agree to any of these terms, then do not use the Service.

2. ARBITRATION AND CLASS WAIVER NOTICE

PLEASE NOTE THAT THESE Terms CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SEE SECTION 20 - DISPUTE RESOLUTION, ARBITRATION, CLASS WAIVER BELOW). THROUGH YOUR AGREEMENT TO THESE Terms: (I) YOU AND THE 8AM COMPANIES AGREE TO RESOLVE THROUGH BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT, ANY AND ALL DISPUTES ARISING FROM OR RELATING TO THESE Terms, THE SERVICES, INFORMATION, OR ANY OTHER SERVICES OR PRODUCTS PROVIDED, SOLD, PURCHASED, MANAGED, OPERATED, OR FULFILLED BY THE 8AM COMPANIES; AND (II) YOU AND THE 8AM COMPANIES EACH EXPRESSLY WAIVE ANY RIGHTS TO ENFORCE THIS AGREEMENT IN COURT OR AS A CLASS, SUBJECT TO THE LIMITED EXCEPTIONS DESCRIBED BELOW.

3. CHANGES TO THE SERVICES

We reserve the right to modify or discontinue the Service (or any portion of the Service), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Service. YOU AGREE THAT 8AM PARTIES (defined below) SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY IN THE EVENT THAT WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICES (OR ANY PORTION OF THE SERVICES). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these Terms.

4. OVERVIEW

Throughout this policy, “8AM Companies” refers to 8AM Golf Holdings, LLC family of companies together with all current or future brands, subsidiaries, or affiliates (“Affiliates”)). References to 8AM Companies include (without limitation):

  • com, Golf Magazine, EB Golf Media, LLC, ECC Golf Holdings, Inc., True Spec Golf, GolfLogix, Inc., Miura Golf LLC, Chirp Golf LLC, Fairway Jockey, Club Conex, Nicklaus Companies, T-Squared Social, and 3s Greenville;
  • Other current and future 8AM affiliates and subsidiaries.

These Terms apply to your use of our “Service,” which includes the following (without limitation): our website at https://golf.com/ and other websites for 8AM where we post or link to these Terms (including any subdomains or mobile versions, the “Website”), mobile applications, such as Green Books, Clubhouse, and Golflogix (“Apps”), online support, or other of our websites, software, or online services that link to/post these Terms.

5. USER SUBMISSIONS

You may provide content or information to us through the Service (such information referred to hereinafter as “User Submissions”). By submitting any such materials to the Service, you represent and warrant that you will not submit or post material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit or post the material and to grant 8AM all of the license rights granted herein. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your posting or submitting User Submissions. 8AM does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and 8AM COMPANIES EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER SUBMISSIONS.

On 8AM social media sites, you further represent and warrant that you have the permission of any individuals depicted in photographs, videos, or recordings that you submit to the Service to use their likeness and/or voice, as well as all other legal rights necessary to grant the license below to the 8AM Companies.

If you submit any User Submissions to the Service, you hereby grant a non-exclusive, royalty-free, worldwide, transferable, perpetual right and license to all 8AM Companies, or any successors or assigns, to use, reproduce, distribute, display, transmit, publish, modify, edit, and/or create derivative works from the User Submissions in any format, including, without limitation, coding or watermarking such User Submissions, provided in any medium, forum, or format, for any purpose, in the 8AM Companies’ sole discretion.

You also agree that immediately upon the creation by or on behalf of 8AM Companies, or any successors, or assigns, of any derivative works from, modifications, edits, or other changes to any User Submissions (the “Modified Content”), the Modified Content will become, subject to the above license, the sole and exclusive property of the 8AM Companies and that we will own the entire right, title, and interest in and to the Modified Content, including the right to secure copyright registration for the Modified Content and to otherwise use the Modified Content for any purpose as determined by the 8AM Companies in its sole discretion.

We may not monitor User Submissions. However, we reserve the right to monitor, alter, edit, or remove Content (including User Submissions) and block users without prior notice and for any reason. We also reserve the right, in our sole discretion, to decide whether any Content (including a User Submission) is appropriate and complies with these Terms.

6. FEEDBACK

All information and materials submitted to the 8am Companies through the Service or otherwise, such as any comments, feedback, ideas, questions, designs, data, User Submissions, or the like regarding or relating to the Service or the business of the 8am Companies (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but the 8am Companies reserves the right to treat any such Feedback as the confidential information of the 8am Companies.

By submitting Feedback to The 8am Companies, you hereby assign to the 8am Companies, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The 8am Companies will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, providing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy, and you represent and warrant that you have all necessary right, title, and interest in and to the Feedback necessary to grant the 8AM Parties the rights and assignments set forth in this section.

7. USERS WHO VIOLATE TERMS OF USE

We may, at our sole discretion, disable access or partially disable access to the Service for any users who violate these Terms, including, but not limited to, the accounts of (1) users who submit User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly, (2) users who provide false or inaccurate information; (3) users who breach these Terms including any warranties; and (5) users who misuse or challenge any of the 8AM Companies’ rights in the Content. If you violate any of these Terms, your permission to use the Content and the Service automatically terminates.

8. PROHIBITED USE

Unless otherwise specifically indicated in these Terms or on the Service, any commercial or promotional distribution, publishing or exploitation of the Service, or any Content, code, data or materials on the Service, is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. Other than as expressly allowed herein or on the Service, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any Content, code, data or materials on or available through the Service. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the Content, code, data, or other materials on or available through the Service, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading or otherwise using any copyrighted material from or through the Service. If you make other use of the Service, or the Content, code, data or materials thereon or available through the Service, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

9. PURCHASES

Purchase Terms

This section contains the terms and conditions (the “Purchase Terms”) that apply to your purchase of a product (“Product”) through the Service (a “Transaction”). Sales are made by the 8AM Affiliate identified at the time of sale. Some digital storefronts accessible from the Service are operated by third parties. If you access a third-party digital storefront from our Service, additional or alternative sale terms may apply, which you should review separately.

Purchase Eligibility

Products may only be purchased by individuals who can form legally binding contracts under applicable law, and are not available to minors. You agree and represent that you are buying for your own personal use only, and not for resale, unless you are an authorized distributor of 8AM. For the avoidance of doubt, these Purchase Terms do not apply to sales to a distributor that has entered into a separate agreement with 8AM.

Ordering and Transactions

You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method, and product details before completing a Transaction.

Certain Products require the completion of an order form (“Order Form”) for customization or related purposes. By completing and submitting the Product Order Form, you agree to accept and be bound by the Purchase Terms at the time the Products is ordered (“Order”), and such Purchase Terms may not be altered by you. Any Product Orders placed after changes to the Purchase Terms are posted to the Service shall be subject to the amended Purchase Terms. You agree that you must evaluate the suitability of the Product for your purposes before placing an order. To order a Product from 8AM, you need to accurately complete the Order Form. If the Order Form is incomplete it may not be processed, without notice to you. 8AM assumes no responsibility for failure to receive your Order Form or other communications, due to any other cause. Due to production, inventory and other considerations, Orders are not binding until 8AM confirms and accepts the Order. Any quotations given by 8AM will be valid only for the period stated on the quotation.

10. SUBSCRIPTIONS

Some 8AM Products or Services require paid subscriptions and the acceptance of supplemental terms “Subscription Terms”) to access. By signing up for a subscription, you agreed that your subscription will be automatically renewed based on the Subscription Terms and, unless you cancel your subscription, you authorized us to charge your payment method for the renewal term. You agree that we can change the terms of the subscription with advance notice to you and an opportunity for you to cancel. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you in the Subscription Terms. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal, in which case you will have the right to cancel the renewal of your subscription. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time.

11. PROMOTIONS, CONTESTS, AND SWEEPSTAKES

Through the Service, you may be able to participate in contests, sweepstakes, and other promotions (“8AM Promotions”). 8AM Promotions may contain or be subject to additional rules, terms and conditions (“8AM Promo Rules”) that are supplemental to these Terms. If you wish to participate in any 8AM Promotion, please first review the applicable 8AM Promo Rules. If the 8AM Promo Rules conflict with these Terms, the provisions contained in the 8AM Promo Rules shall govern and control the 8AM Promotion. Your entry to an 8AM Promotion constitutes a User Submission (as defined in Section 5 above) and is subject to all provisions of Terms that govern your submission and our use of your User Submission.

12. INTELLECTUAL PROPERTY

Everything you see, hear, or otherwise experience on the Service, including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, etc., code, data and materials thereon, the look and feel, design and organization of the Service, and the compilation of the content, code, data and materials on the Service, including but not limited to any copyrights (collectively, “Content”), as well as the trademarks, service marks, and logos contained therein (“Marks”), and selection, coordination, arrangement, and enhancement thereof, are each owned by or licensed to 8AM, subject to copyright and other intellectual property rights under United States and international laws and conventions. Any unauthorized use of any Content or Marks on the Service or use of the Marks may violate copyright, trademark, and other laws.

For your personal use, you may access and view the Content on the Service on your computer or other device and, unless otherwise indicated in these Terms or on the Service, make single copies or prints of the Content on the Service for your personal, internal use only. Unless otherwise specifically indicated in these Terms or on the Service, use of the Service and the services offered on or through the Service, are only for your personal, non-commercial use. The Service may not be copied, downloaded, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. 8AM reserves all rights not expressly granted in and to the Service, the Content, and the Marks. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein. You may not incorporate the Content into or stream or transmit the Content via any hardware or software application, or make it available via frames or in-line links, unless expressly permitted by 8AM in writing. You may not create, recreate, advertise, or distribute an index of a significant portion of the Content unless authorized in writing by us. You may not build a business using the Content, whether or not for profit. If you copy or print pages of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein, nor may you scrape or use any extraction methods to obtain any Content or data from the Service.

13. ADVERTISEMENT RELEASE

8AM takes no responsibility for advertisements or any third-party material posted on or transmitted through the Service, nor does it take any responsibility for the products or services provided by other service providers with Content on the Service (“Advertisers”). Any dealings you have with Advertisers found while using the Service are between you and the Advertiser, and you agree that the 8AM Parties are not liable for any loss or claim that you may have against an Advertiser.

YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE 8AM PARTIES FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES AND YOUR TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER.

14. FORUMS

We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Service. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Service or any service or feature made available on or through the Service, any materials which violate these Terms. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.

15. THIRD PARTY SERVICES AND CONTENT

The Service may contain links to third-party websites and online services (such as social media sites) that are not owned or controlled by 8AM. 8AM has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or online services, and you access and use these websites or online services solely at your own risk. These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship, or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, 8AM will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICES, YOU EXPRESSLY RELEASE 8AM, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND OTHER AUTHORIZED USERS, SHAREHOLDERS, SUBCONTRACTORS, SUPPLIERS, LICENSORS, LICENSEES, DISTRIBUTORS, SUPPLIERS, AND ASSIGNS (COLLECTIVELY THE “8AM PARTIES”) FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICES AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY.

16. WARRANTIES

You warrant and represent to 8AM Companies as set out below:

  1. The information you provide in any registration screen, profile, email, telephone call, or through other means, including all personal details, contact details, and all other data provided, is true in all respects, up-to-date, and not misleading.
  2. You will keep the information referred to in paragraph (a) up to date.
  3. You will not access the Service under false identity or pretext and will not use it to falsify your or any other person's identity.
  4. You are 18 years of age (or the age of majority in your jurisdiction) and otherwise able to enter into these Terms.
  5. You will use the Service lawfully and in good faith.

17. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FEATURES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE SERVICE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE 8AM PARTIES HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.

THE 8AM PARTIES DO NOT WARRANT THAT THE SERVICE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THE 8AM PARTIES MAKE NO WARRANTY THAT THE SERVICE OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE 8AM PARTIES ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SERVICE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, OR OTHER CONTENT FROM THE SERVICE. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE. WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SERVICE IS CORRECT AND UP-TO-DATE. THE 8AM PARTIES RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SERVICE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE SERVICE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE.

18. INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE 8AM PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY’S FEES ARISING TO ANY OF THE 8AM PARTIES AS A RESULT OF ANY CLAIM, DEMAND, OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE 8AM PARTIES IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICE; (2) YOUR BREACH OF ANY OF THESE TERMS; (3) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ANY OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD PARTY; (5) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SERVICE; OR (6) ANY ACTIVITY USING YOUR EMAIL ADDRESS OR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES USING YOUR EMAIL ADDRESS OR ACCOUNT.

You shall cooperate as fully as reasonably required in the defence of any claim. The 8AM Parties reserve the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement that affects the rights of the 8AM Parties without 8AM Parties’ prior written approval.

19. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE 8AM PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICES OR THIRD-PARTY PRODUCTS OR SERVICES, ANY TRANSACTIONS, OR OTHERWISE UNDER THESE TERMS OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, INCLUDING FOR THEIR NEGLIGENCE, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, DATA, OPPORTUNITY, REPUTATION, GOODWILL, OR BUSINESS, EVEN IF THE 8AM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

THE 8AM PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY, OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM 8AM COMPANIES’ NEGLIGENCE; (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (4) UNAUTHORIZED ACCESS TO OR USE OF THE 8AM PARTIES’ SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (5) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (6) INADEQUATE OR FAULTY HARDWARE OPERATING THE SERVICE; (7) BUGS, VIRUSES, VULNERABILITIES, RANSOMWARE, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (8) USER SUBMISSIONS, CONTENT, OR THIRD-PARTY WEBSITES OR APPS; (9) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR INFORMATION; (10) ERRORS OR OMISSIONS IN ANY CONTENT; OR (11) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE 8AM PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

20. DISPUTE RESOLUTION, ARBITRATION, CLASS WAIVER

This Section applies only to US users:

Any dispute arising out of or relating in any way to your use of our Services or any products, services, or information you receive through our Services, shall be submitted to confidential, binding arbitration in the borough of Manhattan, New York, New York, USA, or, at your election, in the county seat of the county within the USA where you reside. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts located in the borough of Manhattan, New York, New York, USA, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto.

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. NO ARBITRATION UNDER THESE TERMS MAY BE JOINED WITH ANOTHER ARBITRATION RELATED TO THE SUBJECT MATTER OF THE DISPUTE OR ANY OTHER CLAIMS UNDER THESE TERMS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

The following processes shall govern the arbitration process:

  • Before commencing an arbitration, you agree to inform us of the nature of the claim and the relief you seek by sending an email to [email protected] so stating.
  • Within seven (7) business days of receiving the email, we will contact you and thereafter you and we will attempt to resolve the claim or issue in a satisfactory way.
  • If, following these attempts at exploring a resolution, you intend to proceed with an arbitration claim, you and we will seek to reach an agreement on the selection of an arbitrator to hear and decide the dispute and how it will be heard, including whether to submit the dispute to the arbitrator only in written form, by proceedings conducted via video or in-person.
  • In the event that you and we cannot agree on an arbitrator, the process set forth in Section 11(a) of the Uniform Arbitration Act, or any comparable provision in your state will be followed.

21. CHOICE OF LAW

This Section does not apply in Quebec, the EEA, UK, or anywhere prohibited by law:

The Terms, and the relationship between you and us, shall be governed by the laws of the State of New York, United States of America. Subject to the mandatory arbitration clause in Section 20 above, you agree that any cause of action that may arise under the Terms and that may be brought in court shall be commenced and be heard in the appropriate court in the Borough of Manhattan, New York, New York, United States of America, and you agree to submit to the personal and exclusive jurisdiction of the courts located within the Borough of Manhattan, New York, New York.

22. TERMINATION

We may restrict, suspend or terminate your access to the Service and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of the Service use privileges of users who are repeat infringers of intellectual property rights.

23. CHANGES TO TERMS OF SERVICE

We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Terms, in whole or in part, at any time. Changes in the Terms will be effective when posted. Your continued use of the Service and/or the services made available on or through the Service after any changes to the Terms are posted will be considered acceptance of those changes.

24. SEVERABILITY

If any provision of these Terms is deemed invalid or unenforceable under any statute, regulation, ordinance, or by a court of competent jurisdiction, then such provision shall be deemed reformed or deleted but only to the extent necessary to comply with such statute, regulation, ordinance, or court, and the remaining provisions shall remain in full force and effect.

25. ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with 8AM’s prior written consent, but may be assigned by 8AM without restriction and without notice to you.

26. WAIVER

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

27. ENTIRE AGREEMENT

The Terms constitute the sole and entire agreement between you and the 8AM with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.

28. SUPPLEMENTAL TERMS

Apple Required Terms

  1. Acknowledgement: 8AM and you acknowledge that the Terms are concluded between 8AM and you only, and not with Apple, and 8AM, not Apple, is solely responsible for the Apps and the content thereof.
  2. Scope of License: The license granted to you for the Apps is limited to a non-transferable license to use the Apps on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Use, except that the Apps may be accessed, acquired, and used by other accounts associated with you via Family Sharing or volume purchasing.
  3. Maintenance and Support: As between Apple and 8AM, 8AM is solely responsible for providing maintenance and support Apps, if any, with respect to the App, as specified in the Terms, or as required under applicable law. 8AM and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support Apps with respect to the App.
  4. Warranty: As between Apple and 8AM, 8AM is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the relevant App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be 8AM’s sole responsibility.
  5. Product Claims: 8AM and you acknowledge that 8AM, not Apple, is responsible for addressing any claims by you or any third party relating to the Apps or your possession and/or use of that Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  6. Intellectual Property Rights: 8AM and you acknowledge that, in the event of any third party claim that the Apps or your possession and use of the Apps infringe that third party’s intellectual property rights, to the extent a warranty of non-infringement is not validly disclaimed, 8AM, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Developer Name and Address: 8AM brands may be contacted as follows in connection with any questions, complaints or claims with respect to the App: [email protected], (855) 8AM-GOLF.
  9. Third Party Terms of Agreement: You must comply with third party terms of agreement when using the App.
  10. Third Party Beneficiary: 8AM and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.

29. CONTACT US

You may contact us regarding these Terms as follows:

General Inquiries: [email protected]

Physical Address: 8AM Golf Holdings

Attn: Privacy

6 East 43rd Street

New York, NY 10017

Additional Terms Relevant to Google Inc.

  1. (a) These Terms constitute a license agreement in lieu of any license grant provided by Google to use the Apps on a Supported Device. A “supported device” is a combination of a mobile device running Android software and an Android software version(s) that is supported by the 8AM App. These Terms are made between you and 8AM only, and not with Google. 8AM is solely responsible for the 8AM Apps.
  2. (b) The Google Play marketplace is owned and operated by Google Inc. your use of Google Play is governed by a legal agreement between you and Google consisting of the Google Terms of App (found at http://www.google.com/accounts/Terms) and the Google Play Terms of App (found at https://play.google.com/intl/en-US_us/about/play-terms.html and together with the Google Terms of App called the “Terms”). The Google Play Terms of App and Google Terms of App shall take precedence in that order in the event of a conflict between them, to the extent of such conflict.
  3. (c) 8AM is solely responsible for providing, and Google has no obligation to provide, maintenance and support for the 8AM Apps. Support requests, as well as questions, complaints or claims regarding the 8AM Apps, may be directed as follows: [email protected], (855) 8AM-GOLF.
  4. (d) To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the 8AM Apps, and will not be liable for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
  5. (e) Google shall not be responsible for addressing any claims by you or any third party relating to the 8AM Apps or your possession and/or use of the 8AM Apps, including but not limited to (i) product liability claims, (ii) any claim that the 8AM Apps fails to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.
  6. (f) Google shall not be responsible for the investigation, defense, settlement or discharge of any claim that the 8AM Apps or your possession and use thereof infringes a third party’s intellectual property rights.
  7. (g) You represent and warrant that (i) the App will not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country, and (ii) you are not listed on any United States Government list of prohibited or restricted parties.
  8. (H) For the improvement of Google Play, Google may collect certain usage statistics from Google Play and your Supported Device, including but not limited to, information on how Google Play and your Supported Device are being used. The data collected is examined in the aggregate to improve Google Play for users and developers and is maintained in accordance with Google’s Privacy Policy. We can neither control nor are responsible for the privacy practices of Google. To ensure the improvement of the 8AM Apps, limited aggregate data may be available from Google to 8AM upon 8AM written request.
  9. (I) Removal of 8AM Apps. 8AM or Google Inc. may, at any time and without notice, restrict, interrupt or prevent use of the Midwest Dairy Apps, or delete the 8AM Apps from your Supported Device, without entitling you to any refund, credit or other compensation from 8AM or any third party (including, but not limited to, Google Inc. or your network connectivity provider).