Terms & Conditions

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Services are not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website and app designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are protected by copyright and trademark laws and treaties in the United States and around the world. The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the “Prohibited activities” section below, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

App license

If you access the Services via the App, we grant you a personal, non-exclusive, non-transferable, revocable, limited license to install and use the App on Apple-branded devices that you own or control, in accordance with the usage rules set forth in the Apple App Store Terms of Service. The App is licensed, not sold, to you. Apple’s standard Licensed Application End User License Agreement (EULA) governs your use of the App as the EULA of record; in the event of any conflict between these Legal Terms and that EULA with respect to the App, the EULA controls.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If you wish to make any other use of the Services, Content, or Marks, please address your request to info@softgolf.io. We reserve all rights not expressly granted to you. Any breach of these intellectual property rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission, and that we shall be entitled to its unrestricted use and dissemination for any lawful purpose without acknowledgment or compensation to you. The Services may also invite you to create, submit, post, display, or transmit content and materials — such as tournament listings, cover photos, event media, sponsor logos, scores, and comments (“Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. See the “User generated contributions” and “Contribution license” sections for the rights you grant us and the responsibilities you have. You are solely responsible for your Submissions and Contributions, and you agree to reimburse us for any losses we may suffer because of your breach of this section, any third party’s intellectual property rights, or applicable law. Although we have no obligation to monitor Contributions, we have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion they are harmful or in breach of these Legal Terms, and we may suspend or disable your account.

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.

You may be required to register to use the Services. Sign-in is passwordless: you authenticate with your Apple or Google account or with one-time codes we send to your email address. You are responsible for maintaining the security of the email account and Apple or Google account you use to sign in, and for all use of your SoftGolf account. We reserve the right to remove, reclaim, or change a username or custom URL you select if we determine, in our sole discretion, that it is inappropriate, obscene, or otherwise objectionable.

We make every effort to display as accurately as possible the details of the products and event listings available on the Services (such as tournament tickets). However, we do not guarantee that such details will be accurate, complete, reliable, current, or free of errors. All products are subject to availability — tournament tickets may sell out — and we reserve the right to discontinue any product at any time for any reason. Prices for all products are subject to change.

Ticket purchases are made on the SoftGolf website and are processed by Stripe. The App does not sell digital goods or offer in-app purchases; it links to the website for tournament registration and ticket purchases. We accept the payment methods supported by Stripe Checkout (including major credit and debit cards). All payments shall be in US dollars.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services, and to promptly update it so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. You agree to pay all charges at the prices then in effect for your purchases, and you authorize us (via Stripe) to charge your chosen payment provider for such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment, and to refuse or cancel any order, including orders that in our sole judgment appear to be placed by dealers, resellers, or distributors.

Tournament tickets are sold on behalf of event organizers, and refunds are handled per event: the organizer of an event is responsible for its refund decisions, and SoftGolf provides the platform for processing and managing payments. If you have a refund request, contact the event organizer through the event page, or reach us at info@softgolf.io and we will help coordinate with the organizer. If a tournament is cancelled or deleted by its organizer (including when an organizer’s account is deleted), tickets purchased for that tournament are refunded.

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information
• Circumvent, disable, or otherwise interfere with security-related features of the Services
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services
• Use any information obtained from the Services in order to harass, abuse, or harm another person
• Make improper use of our support services or submit false reports of abuse or misconduct
• Use the Services in a manner inconsistent with any applicable laws or regulations
• Engage in unauthorized framing of or linking to the Services
• Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services
• Engage in any automated use of the system, such as using scripts, data mining, robots, or similar data gathering and extraction tools
• Delete the copyright or other proprietary rights notice from any Content
• Attempt to impersonate another user or person, or use the username of another user
• Upload or transmit any material that acts as a passive or active information collection or transmission mechanism
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services
• Harass, annoy, intimidate, or threaten any of our employees or agents
• Attempt to bypass any measures of the Services designed to prevent or restrict access
• Copy or adapt the Services' software, or decipher, decompile, disassemble, or reverse engineer any of the software comprising the Services, except as permitted by applicable law
• Use any automated system — including any spider, robot, cheat utility, scraper, or offline reader — to access the Services, except standard search engine or browser usage
• Use a buying agent or purchasing agent to make purchases on the Services
• Collect usernames or email addresses of users for the purpose of sending unsolicited email, or create user accounts by automated means or under false pretenses
• Use the Services as part of any effort to compete with us, or use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise not approved by us

The Services invite you to create, submit, post, display, transmit, publish, or distribute content and materials to us or on the Services — including tournament listings and descriptions, cover photos and event photos, sponsor names and logos, scores, comments, and other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites, and may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights — including copyright, patent, trademark, trade secret, or moral rights — of any third party
• You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions as contemplated by the Services and these Legal Terms
• You have the written consent, release, and/or permission of each identifiable individual person in your Contributions to use their name or likeness as contemplated by the Services and these Legal Terms
• Your Contributions are not false, inaccurate, or misleading
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us)
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone
• Your Contributions are not used to harass or threaten any other person or to promote violence against a specific person or class of people
• Your Contributions do not violate any applicable law, regulation, or rule, or the privacy or publicity rights of any third party
• Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors
• Your Contributions do not include any offensive comments connected to race, national origin, gender, sexual preference, or physical handicap
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms or any applicable law or regulation

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and name) for any purpose related to operating and promoting the Services, and to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This license includes our use of your name, company name, and any trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions to the extent permitted by law.

We do not assert any ownership over your Contributions — you retain full ownership of your Contributions and any intellectual property rights associated with them. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions, and you agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole discretion, to edit, redact, re-categorize, pre-screen, or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews in our sole discretion, and have no obligation to screen or delete reviews. Reviews are not endorsed by us and do not necessarily represent our opinions. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and/or distribute all content relating to the review.

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers — such as your Apple or Google account (each, a “Third-Party Account”) — by allowing us to access your Third-Party Account as permitted under the terms that govern your use of that account. You represent and warrant that you are entitled to grant us access to your Third-Party Account without breach of its terms and without obligating us to pay any fees or making us subject to any usage limitations. By granting us access to a Third-Party Account, you understand that we may access, make available, and store (if applicable) content and information from that account (for example, your name, email address, and profile picture) so that it is available on and through the Services via your account. Your relationship with the third-party service providers associated with your Third-Party Accounts is governed solely by your agreements with them. You can deactivate the connection between the Services and your Third-Party Account at any time by contacting us or through your account settings; we will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the name and profile picture that have become associated with your account.

The Services may contain links to other websites (“Third-Party Websites”) — such as organizer or sponsor websites — as well as content belonging to or originating from third parties (“Third-Party Content”), including golf course data provided by third-party data services. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for them. Inclusion of, linking to, or permitting the use of any Third-Party Websites or Content does not imply approval or endorsement by us. If you decide to leave the Services and access Third-Party Websites or use Third-Party Content, you do so at your own risk, and these Legal Terms no longer govern. Any purchases you make through Third-Party Websites are exclusively between you and the applicable third party, and you agree to hold us blameless from any harm relating to such purchases or from any Third-Party Content.

Event organizers may display sponsor names, logos, and other promotional information on their tournament pages, and we may allow advertisers to display advertisements in certain areas of the Services. We simply provide the space for such material, and we have no other relationship with advertisers or event sponsors.

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) remove from the Services or otherwise disable all files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

We care about data privacy and security. Please review our Privacy Policy at softgolf.io/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

You may delete your account at any time in the App: go to the Profile tab and choose Delete Account. Deleting your account permanently deletes your profile and sign-in identifiers and the tournaments you host (tickets purchased for those tournaments are refunded); content you contributed to tournaments run by others is disconnected from your account and may remain, no longer linked to you.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice, and to modify or discontinue all or part of the Services without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at all times: we may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. Nothing in these Legal Terms obligates us to maintain and support the Services or to supply any corrections, updates, or releases.

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.

Informal negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those expressly provided below) informally for at least thirty (30) days before initiating arbitration, commencing upon written notice from one Party to the other.

Binding arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes, both available at the AAA website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by them. The arbitration may be conducted in person, through the submission of documents, by phone, or online. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New Castle, Delaware. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in New Castle, Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms. In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to informal negotiations and arbitration

The Parties agree that the following Disputes are not subject to the above provisions: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, such Dispute shall be decided by a court of competent jurisdiction within the courts listed above, and the Parties agree to submit to the personal jurisdiction of that court.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Softgolf LLC
196 Caribe Court
Greenacres, FL 33413
United States
info@softgolf.io