TERMS OF USE
Last modified: January 27, 2022
These Terms of Use (hereinafter, these “Terms”) are a legally binding contract between Golf Media U.S.A. Inc. or its affiliate that owns or controls the Website and all related mobile applications or provides the Services that you may be accessing or using (“FreeCaddie”, “us”, “we” or “our”), and you and your successors and heirs and/or the corporate entity you represent (“you” or “your”). Your acceptance of these Terms is an express condition of, and rules your access to and use of, FreeCaddie’s (i) websites, portals, mobile applications, and software, and (ii) social media pages and channels (collectively, the “Websites”), including any services, media, functions, content, tools and links contained or offered therein (collectively, the “Services”). If you do not accept and agree to these Terms, you may not access or use any of the Websites or Services or create an account or user profile.
FreeCaddie is a software application designed for the golf industry compatible with a mobile device or any “wearable” internet-enabled device. This software provides its users with the main landmarks on the golf course, tracks the user’s playing statistics, and offers other golf-related information and features. FreeCaddie website provides information about the software application and other general information about the company.
These Terms of Use (“Agreement”) sets forth the legally binding terms for your use of the site and services. By accessing or using the site or services, you are accepting this agreement and you represent and warrant that you have the right, authority, and capacity to enter into this agreement. You may not access or use the site or services or accept the agreement if you do not have the capacity to enter into this agreement. If you do not agree with all of the provisions of this agreement, do not access and/or use the site or services. If you are using the site or services on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of such company, entity, or organization with the authority to bind it to this agreement.
Please read these Terms carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. the agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (i) you will only be permitted to pursue claims against company on an individual basis, not a class member in any class or representative action or proceeding, and (ii) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
By accessing or using the Websites or Services, you agree that the Privacy Policy (which may be updated from time to time) governs FreeCaddie’s collection and use of your personal information. Registration data and certain other information about you is subject to our Privacy Policy. For more information, please make sure that you review our Privacy Policy. You understand that through your access or use of the Websites and any Services, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of information to the United States and/or other countries for storage, processing and use by FreeCaddie.
1 ELIGIBILITY
The Websites and Services are intended solely and only available to individuals who are at least eighteen (18) years of age. You may be asked to verify that you are over the applicable age limit during your use of the Websites or Services and you hereby agree that you shall not misrepresent your age. You further represent that any party you invite to participate in any of the Services or related functions with you is also of legal age as described above.
If you are using the Websites or Services on behalf of a business, you represent that you have the authority to bind the business to these Terms, the Additional Terms, the Privacy Policy, and any other related agreements. The applicable business agrees to hold harmless and indemnify FreeCaddie and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Websites or Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees. If you do not have such authority, you will be held individually liable for all actions taken under your user ID.
To use the Websites and Services the user is individually responsible for:
- providing all necessary hardware equipment required to use the FreeCaddie App and Website, including but not limited to a smartphone, tablet, computer, or “wearable” internet-enabled device;
- providing internet connection required to use the FreeCaddie App and Website including but not limited to cell phone data services, and
- paying any costs and fees, one-time or ongoing, related to their own provision of items referenced above, including those specific to service contracts of individual cell phone coverage carriers.
2 USER ACCOUNT
In order to use certain features of the App, you must register for an account with FreeCaddie and provide certain information about yourself. You represent and warrant that: (a) all required registration information you submit is truth and accurate; and (b) you will maintain the accuracy of such information at all times. You may not create more than one FreeCaddie account.
FreeCaddie may suspend or terminate your FreeCaddie account in accordance with Sections 4.3 and 9.
2.1 ACCOUNT DELETION
You may delete your FreeCaddie account at any time, for any reason, by sending an email to [email protected] which includes your FreeCaddie Username and your request to delete your account.
2.2 ACCOUNT RESPONSIBILITIES.
You are responsible for maintaining the confidentiality of your FreeCaddie account login information and are fully responsible for all activities that occur under your FreeCaddie account. You agree to immediately notify FreeCaddie of any unauthorized use, or suspected unauthorized use, of your account or any other breach of security. FreeCaddie cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3 MOBILE APP
3.1 LICENSE
Subject to the terms of this Agreement, FreeCaddie grants you a non-transferable, non-exclusive license to use the Website and Services for your personal, noncommercial use.
Subject to the terms of this Agreement, FreeCaddie grants you a non-transferable, non-exclusive license to install and use the software FreeCaddie makes available for mobile devices (“Mobile App”), in executable object code format only, solely on your own handheld mobile device and for your personal, noncommercial use. As used in this Agreement, the term “Services” includes the Mobile App.
3.2 RESTRICTIONS
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website or Services; (c) you shall not access the Website or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Website or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Website or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Website or Services content must be retained on all copies thereof.
3.3 TECHNOLOGICAL RESTRICTIONS
In addition, you agree not to use the Website or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another user or FreeCaddie or gain unauthorized access to the Website or Services, other computer systems or networks connected to or used together with the Website or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Website or Services; or (g) introduce software or automated agents or scripts to the Website or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Website or Services.
3.4 MODIFICATION
FreeCaddie reserves the right, at any time, to modify, suspend, or discontinue the Website or Services or any part thereof with or without notice. You agree that FreeCaddie will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or Services or any part thereof.
3.5 OWNERSHIP
You acknowledge that all the intellectual property rights in the Website and Services are owned by FreeCaddie or FreeCaddie’s licensors. The provision of the Website and Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. FreeCaddie and its suppliers reserve all rights not granted in this Agreement.
3.5 APP PLATFORMS
You acknowledge that this Agreement is between you and FreeCaddie and not with the App Platform; the Apple App Store® or the Google Play® Store (“App Platform”). FreeCaddie is solely responsible for the content, maintenance, support services of the App. You agree to pay all fees charged by the App Platform in connection with the Mobile App. Each App Platform may have its own terms and conditions to which you must agree before downloading the Mobile App from it. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with, all applicable agreements, terms, and conditions of use/service, and other policies of the applicable App Platform. You acknowledge that the App Platform (and its subsidiaries) is a third-party beneficiary of this Agreement and will have the right to enforce this Agreement.
4 COMMUNICATIONS
4.1 PUSH NOTIFICATIONS
When you install our Mobile App on your mobile device you agree to receive push notifications, which are messages an app sends you on your mobile device even when the Mobile App is not on. You can turn off notifications by visiting your mobile device’s settings page.
4.2 EMAIL
You agree that we may send you emails concerning our services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
4.3 APP CONTENT
You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Websites or Services. You acknowledge and agree that FreeCaddie is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. FreeCaddie does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content.
The User agrees to not use the Website or the Mobile App to:
- Upload, post, email or otherwise transmit:
(a) any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
(d) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as a marketplace or classifieds) that are designated for promotional purpose;
(e) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Impersonate any person or entity, including, but not limited to, FreeCaddie, a FreeCaddie official, a forum leader, or a host, or otherwise misrepresent a User’s affiliation with a person or entity;
- Disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; or
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
- Harm minors in any way;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
FreeCaddie shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Website or Mobile App.
5 THIRD-PARTY INTERACTIONS
5.1 THIRD-PARTY INTERACTIONS
During use of the Website or Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers, or sponsors showing their goods and/or services through the Service. In particular, FreeCaddie is not a party to any transaction that you may enter into with a third-party. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third-party. The FreeCaddie shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
5.2 THIRD-PARTY MATERIALS
The Website or Services might display, include, or make available third-party content (including data, information, articles applications or other products, services and/or materials) or contain links to third party websites, services, and advertisements for third parties such as Deals and Menus, including pricing, product names, and product descriptions each Menu (defined below) (collectively, “Third-Party Materials”). You acknowledge and agree that FreeCaddie is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. FreeCaddie does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third-Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.
The course specifications and other information have either been provided by the Third Parties or collected from publicly available sources might not be accurate. While FreeCaddie makes every effort to ensure that the information on its Website and Mobile App is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on the Website or the Mobile App. Any reliance on representations and warranties provided by any Third Party shall be at a User’s own risk.
6 INDEMNITY
You agree to indemnify and hold FreeCaddie (and its officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Site or Services, (ii) your User Content, (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. FreeCaddie reserves 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 with our defense of these claims. You agree not to settle any matter without the prior written consent of FreeCaddie. FreeCaddie will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
7 DISCLAIMERS
INFORMATIONAL PURPOSES ONLY: CONTENT POSTED BY FREECADDIE ON ANY WEBSITE, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT IS FOR INFORMATIONAL PURPOSES ONLY. FREECADDIE DOES NOT ENDORSE, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE WEBSITE OR SERVICES, INCLUDING USER CONTENT AND THIRD-PARTY MATERIALS. FREECADDIE IS NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY GOLF COURSE, USER, RETAIL LOCATION, RESTAURANT, HOTEL, ANY THIRD-PARTY, OR OTHER USERS OF THE WEBSITE OR SERVICES. FREECADDIE IS NOT OBLIGATED TO SCREEN GOLF COURSES, SHOPS, RESTAURANTS, RETAIL LOCATIONS, HOTELS, OR THEIR MENUS, CONTENT, OR DEALS TO DETERMINE WHETHER THEY ARE QUALIFIED OR AUTHORIZED BY LAW TO PROVIDE THEIR SERVICES OR TO DETERMINE THE ACCURACY OF THEIR MENUS OR OTHER INFORMATION THEY PROVIDE.
YOU HEREBY RELEASE AND FOREVER DISCHARGE FREECADDIE (AND OUR OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS) FROM, AND HEREBY WAIVE AND RELINQUISH YOUR RIGHTS WITH RESPECT TO, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR RELATES DIRECTLY OR INDIRECTLY TO, ANY INTERACTIONS WITH, OR ACT OR OMISSION OF, OTHER SITE OR SERVICE USERS, THIRD-PARTY INTERACTIONS, OR THIRD-PARTY MATERIALS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FREECADDIE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8 LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FREECADDIE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FREECADDIE’S (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID FREECADDIEE IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
9 TERMINATION
Subject to this Section, this Agreement will remain in full force and effect while you use the Website or Services. We may (a) suspend your rights to use the Website and/or Services (including your FreeCaddie Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Website or Services in violation of this Agreement. Upon termination of this Agreement, your FreeCaddie Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your FreeCaddie Account involves deletion of your User Content associated therewith from our Site, Services, and live databases. FreeCaddie will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your FreeCaddie Account or deletion of your User Content.
10 COPYRIGHT INFRINGEMENT
FreeCaddie will, in appropriate circumstances and at its discretion, disable, eliminate access and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights of others.
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which can be found on the U.S. Copyright Office website, FreeCaddie will respond appropriately to claims and reports of copyright infringement taking place on or through the Websites.
If you are a copyright owner, an authorized representative of a copyright owner, or an authorized representative permitted to act under an exclusive right per an applicable copyright, please report alleged copyright infringements taking place on or through the Websites by completing the following DMCA Notice of Alleged Infringement and delivering it to FreeCaddie in accordance with the DMCA and these Terms. Upon receipt of a properly completed and delivered DMCA Notice of Alleged Infringement, FreeCaddie will take whatever action it deems appropriate in its sole discretion, but subject to its obligations under the DMCA, including removal of the challenged material from the Websites.
DMCA Notice of Alleged Infringement (“Notice”)
Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – provide a comprehensive list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (i.e. the material you want removed, or material that you want all access disabled to) and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Websites where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent or the law.”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all above items completed, to FreeCaddie:
ADDRESS
Golf Media U.S.A. Inc.
Legal Department
32242 Paseo Adelanto Ste B
San Juan Capistrano, CA 92675
Email address: [email protected]
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a Notice automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the Notice and allegation of copyright infringement.
11 ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE
Except for disputes brought in small claims court, all disputes between you and FreeCaddie arising out of, relating to or in connection with the Website or Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND FREECADDIE AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in this Agreement to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this Agreement to the contrary, we agree that if FreeCaddie makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to FreeCaddie. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879. If the arbitration in this Section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in California. You hereby accept the exclusive jurisdiction of such court for this purpose. This Agreement is governed by the laws of the State of California without regard to conflict of law provisions.
11.1 PRE-ARBITRATION DISPUTE RESOLUTION
We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).
11.2 CONFIDENTIALITY
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
11.3 CHANGES TO ARBITRATION AGREEMENT
Notwithstanding any provision in these Terms to the contrary, we agree that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided in Section below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
12 SUPPORT OR MAINTENANCE
You acknowledge and agree that FreeCaddie will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
13 CHANGES OF THE TERMS OF USE
We may amend these Terms at any time in our sole discretion. If we do so, we will post the modified Terms on the Service. The modifications will be effective immediately. You agree to review these Terms periodically so that you are aware of any modifications. Continued use of our Website or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
14 INTELLECTUAL PROPERTY RIGHTS
FreeCaddie name; the FreeCaddie logo; the FreeCaddie colors combination; and the FreeCaddie tile designs (collectively, the “Marks”) are used trademarks of FreeCaddie and Golf Media U.S.A. Inc.
Inc. Apple®, App Store®, and iTunes® are registered trademarks of Apple, Inc. (“Apple”).
Google Play™ is a trademark of Google, LLC.
You acknowledge and agree that You are not permitted to use FreeCaddie’s Marks or any third-party marks displayed on our site without prior written consent from, respectively, Golf Media U.S.A. Inc., Inc. Apple, or the owners of such third-party marks.
15 ACCESSING AND DOWNLOADING THE APPLICATION FROM APPLE
The following additional terms apply to any Mobile App accessed through or downloaded from the iTunes® or the App Store® (“App Store Sourced Mobile App”):
(a) You acknowledge and agree that (i) this Agreement is concluded between you and FreeCaddie only, and not Apple, and (ii) that FreeCaddie, not Apple, is solely responsible for the App Store Sourced Mobile App and content thereof. The license granted to you in the Agreement to use the App Store Sourced Mobile App and Service is a non-transferable right to use the App Store Sourced Mobile App on any Apple Device that you own or control, and only as permitted by the Usage Rules set forth in the App Store Terms of Service.
(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Mobile App.
(c) In the event of any failure of the App Store Sourced Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Mobile App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Mobile App. As between FreeCaddie and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of FreeCaddie.
(d) You and FreeCaddie acknowledge that, as between FreeCaddie and Apple, Apple is not responsible for addressing any claims you have or any claims of any third-party relating to the App Store Sourced Mobile App or your possession and use of the App Store Sourced Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and FreeCaddie acknowledge that, in the event of any third-party claim that the App Store Sourced Mobile App or your possession and use of that App Store Sourced Mobile App infringes that third-party’s intellectual property rights, as between FreeCaddie and Apple, FreeCaddie, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
(f) You and FreeCaddie acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Mobile App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Mobile App against you as a third-party beneficiary thereof.
(g) 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.
(h) Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Mobile App.
16 MISCELLANEOUS
This Agreement constitutes the entire agreement between you and us regarding the use of the Website and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by FreeCaddie of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and FreeCaddie. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without FreeCaddie’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
CONTACT US:
For questions about the Websites or related mobile applications or any of the Services we provide, please feel free to contact our Customer Service department at:
Golf Media U.S.A. Inc.
Legal Department
32242 Paseo Adelanto Ste B
San Juan Capistrano, CA 92675
949-310-1461