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Terms of Use

Effective Date: January 22, 2019


Welcome to MyGolfTour! These Terms of Use (“Terms”) govern your access and use of the website at www.totalgolftracker.com ("Website") operated by MyGolfTour LLC (“us”, “we”, “our” or “MyGolfTour”). Please read them carefully. We are glad you’re here.


These Terms are a legally binding contract between you and us. These Terms apply to all visitors, users and others who wish to access or use the Website. If you access or use the Website, or continue accessing or using the Website after being notified of a change to the Terms, you confirm that you have read, understand and agree to be bound by the Terms. If you disagree with any part of the Terms, then you do not have permission to access the Website. Please refer to our privacy policy at www.mygolftour.io/privacy for details about how we use your personal information. 


Arbitration Notice: Except for certain types of disputes described in the “Disputes and Arbitration” section below, you agree that all disputes between you and us with regard to these Terms and your use of the Website will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. For more information, please see the section below entitled, “Dispute Resolution; Arbitration.”


Your Account


When you create an account with us, you represent that you are above the age of 13, and that the information you provide us is accurate, complete, and current at all times.


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 Website or a third-party service. 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 service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.


Grant of Rights


Subject to the terms and conditions of these Terms, we grant to you, during the term of this agreement, a limited, personal, non-commercial, non-exclusive, non-transferrable, non-assignable, revocable access to the Website, which you are permitted to access solely for your personal use.


Acceptable Use of the Website

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You may not use this Website for any purpose that is unlawful or prohibited by these Terms, or cause damage on or through this Website. You agree to comply with all applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy, and export control laws, and regulations promulgated by any government agencies. You agree not to:

  • affect/interrupt or to attempt to affect/interrupt the operation of this Website in any manner;

  • use the Website to store or transmit any data that may infringe upon or misappropriate someone else's trademark, copyright, or other intellectual property, or that may be tortious or unlawful;

  • upload to, or transmit from, the Website any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component or a technology that unlawfully accesses or downloads content or information stored within the Website;

  • attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Website (including any mechanism used to restrict or control the functionality of the Website), any third party use of the Website, or any third party data contained therein (except to the extent such restrictions are prohibited by applicable law);

  • attempt to gain unauthorized access to the Website or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Website;

  • access the Website in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Website;

  • sublicense, resell, time share or similarly exploit the Website;

  • use contact or other user information obtained from the Website (including email addresses) to contact Authorized Users outside of the Website without their express permission or authority or to create or distribute mailing lists or other collections of contact or user profile information for Authorized Users for use outside of the Website.

           

You agree to defend, indemnify, and hold us and our affiliates, officers, directors, employees, agents, licensors, business associates, and suppliers (the “MyGolfTour Parties”) harmless from and against any actual or threatened claims, actions or demands, causes of action, damages, losses, expenses, liabilities and settlements including, without limitation, reasonable legal and accounting fees and costs of suit, resulting from, or alleged to result from, or arising out of or in connection with, your use of the Website, including without limitation your use of the Website in a manner that violates or is alleged to violate these Terms or any applicable law. You will cooperate as fully required by the MyGolfTour Parties in the defense of any claim. The MyGolfTour Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the MyGolfTour Parties.


Fees

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Some features of the Website may only be accessed and used upon the payment of applicable fees (“Fees”). Fees may vary depending on usage in accordance with our current pricing policy. In some cases, we may provide you with a trial period to use certain features of the website free of charge. At the end of any trial period, fees may apply.

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MyGolfTour 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. Your agree that your  use of third party payment processing services may be subject to the terms of service and privacy policy of the third party payment processing service provider.


Linked Websites

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For your benefit and convenience, certain hyperlinks may be provided on the Website which link to the websites of third parties that are not under the control of MyGolfTour. MyGolfTour is not responsible for, and disclaims all liability and makes no representations or warranties for, any products or services offered by such third parties, including through such websites. MyGolfTour is not responsible for the availability, accuracy, content or any other aspect of such websites. MyGolfTour is not responsible for the privacy statements or practices of websites or services controlled by other companies or organizations. Your use of other websites, and the offer or purchase of products or services from such third parties, or on or through such other websites, is subject to the terms and conditions and privacy policies thereof. You agree that you will bring no suit or claim against MyGolfTour arising from or based on your use of, or the offer or purchase of products or services on or through, such other websites. 


Copyrights, Trademarks, and Permissions

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You acknowledge that MyGolfTour or third parties granting rights to MyGolfTour hold title to all materials on the Website, which are the copyrighted works of MyGolfTour or the third parties, with all rights reserved. Such materials include but are not limited to design, text, graphics, files, photographs, video and audio clips, and the selection and arrangement thereof. You agree that you will not modify, distribute, perform, or publish in any media on the Website for any public or commercial use without the prior written permission of MyGolfTour.


MyGolfTour’s name and the products and services described on the Website are trademarks, trade names, or service marks of MyGolfTour or its licensors, or are the property of their respective owners. These marks may not be copied, imitated, or used, in whole or in part, without the express prior written permission of MyGolfTour or their respective owners, and then only with the proper acknowledgments. 


User Feedback and Submissions

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You agree that any feedback or submissions you make to MyGolfTour in connection with, or relating to, the Website, including but not limited to questions, comments, suggestions, ideas, discoveries, plans, notes, drawings, original or creative materials, or any other information or intellectual property (“Submissions”) provided by you shall become the sole property of MyGolfTour to the fullest extent permitted by applicable law. You hereby assign and agree to assign to MyGolfTour all right, title and interest in any and all such Submissions.


Disclaimer

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THE WEBSITE IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MYGOLFTOUR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. MYGOLFTOUR DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE WEBSITE, WEBSITE CONTENT, LINKED THIRD PARTY SITES, SOFTWARE, OR SERVER WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, WEBSITE CONTENT, LINKED THIRD PARTY SITES, THE SERVER THAT MAKES THEM AVAILABLE, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, WEBSITE CONTENT, LINKED THIRD PARTY SITES, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. MYGOLFTOUR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, THE WEBSITE CONTENT, OR LINKED THIRD PARTY SITES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.


Limitation of Liability

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UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MYGOLFTOUR BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, WEBSITE CONTENT, OR LINKED THIRD PARTY SITES, EVEN IF MYGOLFTOUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE MYGOLFTOUR TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEB SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, MYGOLFTOUR SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. IN NO EVENT SHALL MYGOLFTOUR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU TO MYGOLFTOUR, IF ANY, FOR ACCESSING THE WEBSITE OR (II) ONE HUNDRED DOLLARS (US $100). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


Modifications to the Website

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MyGolfTour may, in its sole discretion, change, suspend or discontinue any aspect of the Website at any time, including the availability of any feature, database, or content without notice or liability. MyGolfTour may also, in its sole discretion, impose limits on certain features and Website without notice or liability.


Termination of Usage

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You understand and agree that MyGolfTour may, in its sole discretion and at any time, restrict, suspend, or terminate your access to the Website, and discard and remove any and all submissions posted by you for any reason in its sole discretion. You understand and agree that MyGolfTour may take any one or more of these actions without any notice to you, prior or otherwise.


Dispute Resolution; Arbitration

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PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.


You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website (collectively, “Disputes”) will be settled by binding arbitration between you and us, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.


No Class Or Representative Proceedings: Class Action Waiver

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You acknowledge and agree that you and we are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and we otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution; Arbitration” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution; Arbitration” section will survive any termination of these Terms.


Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the International Dispute Resolution Procedures (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution; Arbitration” section. (The AAA Rules are available at www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.


Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Notice of Arbitration as specified in the AAA Rules. (The AAA provides a form of Notice of Arbitration at https://www.adr.org/InternationalForms). The arbitrator will be either a retired judge or an attorney licensed to practice law in the District of Columbia and will be selected by the parties from the AAA’s roster of international dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Notice of Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.


Arbitration Location and Procedure. Unless you and we otherwise agree, any arbitration hearings will take place in the county (or parish) of your billing or mailing address, provided that if the claim is for US $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing or mailing address. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.


Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section in these Terms as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.


Fees. If you choose to file an arbitration proceeding and you are required to pay a filing fee, MyGolfTour will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee.


Changes. Notwithstanding the provisions of the modification-related provisions above, if we change this “Dispute Resolution; Arbitration” section after the date you first accepted these Terms (or accepted any Updated Terms), you may reject any such change by providing us written notice of such rejection by mail or hand delivery to: MyGolfTour LLC, 1658 N Milwaukee Ave #180, Chicago, Illinois 60647 or by email from the email address associated with your account to: legal@mygolftour.io, within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution; Arbitration” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this “Dispute Resolution; Arbitration” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).


Jurisdictional Issues/Governing Law

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The Website is operated by MyGolfTour from its offices in the State of Illinois in the United States of America. Use of the Website constitutes your consent and submission to service of process under applicable Illinois laws and to personal jurisdiction in a court of competent jurisdiction in Illinois for the purposes of any legal action or claim pertaining to these Terms, or arising from the use of the Website. These Terms shall be construed and enforced in accordance with the laws of the State of Illinois without regard to its choice of law principles.


Miscellaneous

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These Terms constitute the entire agreement between you and MyGolfTour regarding the Website and supersede and replace any prior understanding, whether oral or in writing. MyGolfTour’s failure to enforce any provision of these Terms shall not be construed as a waiver of MyGolfTour’s right to enforce any of these Terms in the future. You agree that no joint venture, partnership, employment or agency relationship exists based on your use of the Website. If any portion of these Terms is held invalid or unenforceable, such portion shall be construed in a manner consistent with applicable law to reflect the original intent of the parties, and the remaining portion of these Terms shall remain in full force and effect.


Changes in the Terms

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MyGolfTour reserves the right to update or modify the Terms at any time and without prior notice by posting the revised version of the Terns of Use on the Website. If MyGolfTour makes material modifications to the Terms, MyGolfTour will post the revised Terms on the Website with a link on the home page for thirty (30) days prior to the implementation of the changes in the revised Terms. Your continued use of the Website will constitute your consent to any such changes in the Terms except where otherwise required by applicable law. 

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How You Can Contact MyGolfTour

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If you have any questions, comments or concerns about the use of the Website or the Terms, please contact MyGolfTour at:


Chat: www.totalgolftracker.com


Email: adam@mygolftour.io

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These Terms were last revised on January 8, 2020.

Terms: About
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