Last updated: Feb 15, 2020
Thank you for choosing aboutGOLF Global, Inc. (“aG”, “us,” “we,” or “our”). aG provides services with social and interactive features for improving your golf game and other content as well as other products and services that may be developed from time to time. By using any of these aG services and products, including all associated features and functionalities, websites, mobile applications and user interfaces, as well as all associated content (collectively, the “Services”), or any content (“Content”), including without limitation software and video content, that is made available through the Services you are entering into a binding contract with aG.
Please read these Terms of Services ("Terms", "Terms of Services) carefully before using the Services.
USING AG SERVICES
The Services and Content are the property of aG or its licensors. AG grants you a limited, non-exclusive, revocable permission to use the aG Services and Content. Your access to and use of the Services and Content is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Services.
You agree to abide by aG’s User Guidelines detailed below.
The aG Content, including software, is not sold or transferred to you, and aG and its licensors retain ownership of all copies of aG software applications and Content, even after installation on your aG simulator (“Facility”), personal computers, mobile telephones, tablets, wearable devices, and/or other devices (“Devices”). You acknowledge you have read and understand the Terms, accept these Terms and agree to be bound by them. By accessing or using the Services you agree to be bound by these Terms. If you disagree with or cannot comply with any part of the Terms, then you do not have permission to access the Services or use the Content. You agree not to use the Services or Content, and any part thereof, in any manner not expressly permitted by the Terms. You may not distribute, modify, transmit, reuse, download, repost, copy, or use the Services or Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from aG.
If you have purchased an aG Facility, or access the Services or Content on another device, separate terms and conditions may apply to your use of the Facility and access to Services on the Facility. You agree to abide by these terms and conditions.
You agree the Services, the Content, or any part thereof in any manner not expressly permitted by these Terms. Except for the rights expressly granted to you in the Terms, aG grants no right, title, or interest to you in the aG Services or Content.
THIRD PARTY APPLICATIONS AND DEVICES
The Services may be integrated with or may otherwise interact with third party applications, websites, and services and third party Devices to make the Services (“Third Party Applications and Devices”) available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies which are available to you with the applications and devices and/or on the applicable website. You understand and agree that aG does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does aG warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Services.
Certain service options, for example different levels of Membership in the aG Links™ platform, are available, and may require payment. We will explain the service options available when you subscribe, some may be free-of-charge.
aG users may be able to post, upload, or otherwise contribute content to the Services (which may include, for example, pictures, text, messages, information, playlist titles, descriptions and compilations, videos, graphics, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted on the Services. You are solely responsible for all User Content that you post on or through the Services, including its legality, reliability, and appropriateness. aG is not responsible for User Content nor does it endorse any opinion contained in any User Content.
By posting User Content on or through the Services, you represent and warrant that: (i) the User Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any User Content you submit, post or display on or through the Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for User Content you or any third party posts on or through the Services. However, by posting User Content using the Services you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Services. You agree that this license includes the right for us to make your User Content available to other users of the Services, who may also use your User Content subject to these Terms.
aG may, but has no obligation to, monitor, review, or edit User Content. In all cases, aG reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in aG’s sole discretion, violates these Terms. aG may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST aG RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD aG HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
RIGHTS YOU GRANT AG
In consideration for the rights granted to you under these Terms, you grant aG the right (1) to allow the aG Services to use the processor, bandwidth, and storage hardware on your aG Facility and/or any of your device used to access Services, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Services, the Content you access, including its selection and placement, may be influenced by commercial considerations, including aG’s agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by aG may contain advertising as part of the Content. The Services make such Content available to you unmodified.
If you provide feedback, ideas or suggestions to aG in connection with the Services or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize aG to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant aG a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Services through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
aG respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Services. You must follow these rules and should encourage other users to do the same.
The following is not permitted for any reason whatsoever:
1. copying, redistributing, reproducing, “ripping,” recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Services or the Content, or otherwise making any use of the Services or the Content which is not expressly permitted under these Terms or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Services or the Content or any part thereof;
2. using the Services to import or copy any local files that you do not have the legal right to import or copy in this way;
3. transferring copies of cached Content from an authorized Device to any other Device via any means;
4. reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Services or Contents, or any part thereof except to the extent permitted by applicable law;
5. circumventing any technology used by aG, its licensors, or any third party to protect the Content or the Services;
6. selling, renting, sublicensing or leasing of any part of the Services, Membership or the Content;
7. circumventing any territorial restrictions applied by aG or it licensors;
8. artificially increasing play counts, follow counts or otherwise manipulating the Service by (i) using any bot, script or other automated process, (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;
9. removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Services or provided through the Services (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
10. providing your password to any other person or using any other person’s username and password;
11. “crawling” the Services or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from aG or the aG Service;
12. selling a user account, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or the content included on an account; or
13. artificially promoting Content by automated means or otherwise.
Please respect aG, the owners of the Content, and other users of the Services. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
14. is offensive, abusive, defamatory, pornographic, threatening, or obscene;
15. is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of aG or a third party;
16. includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
17. includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Services;
18. is intended to or does harass or bully other users;
19. impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
20. involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
21. involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by aG;
22. links to, references, or otherwise promotes commercial products or services, except as expressly authorized by aG;
23. interferes with or in any way disrupts the Services or Content, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Services or aG’s computer systems, network, usage rules, or any of aG’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
24. conflicts with the Agreements, as determined by aG.
You acknowledge and agree that posting any User Content that violates these User guidelines (or that aG reasonably believes violates these User guidelines) may result in immediate termination or suspension of your aG account and Membership. You also agree that aG may reclaim your username for any reason.
The aG Services include social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Services. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.
By creating an Account on our Services, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Where you are a company, organization or other similar entity, to the extent that we process any personal data on your behalf and (i) that personal data relates to individuals located in the European Economic Area (“EEA”); or (ii) you are established in the EEA, you agree that we do so as a data processor only, and the parties agree to comply with the provisions of the Data Processing Addendum.
PURCHASES MADE ON THE SERVICES
If you wish to purchase any product or Services made available through the Services ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or Services availability, errors in the description or price of the product or Services, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
SERVICE LIMITATIONS AND MODIFICATIONS: AVAILABILITY, ERRORS AND INACCURACIES
aG is constantly updating product and Services offerings on the Services. There may be delays in updating information on the Services and in our advertising online. The information found in the Services may contain errors or inaccuracies and may not be complete or current. Products or Services may be mispriced, described inaccurately, or unavailable on the Services and we cannot guarantee the accuracy or completeness of any information found on the Services.
aG will make reasonable efforts to maintain the operation of the Services. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. aG reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, including changing or updating information and to correct errors, inaccuracies or omissions at any time, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Services or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees to aG for paid Membership Subscriptions that aG permanently discontinues prior to the end of the Pre-Paid Period, aG will refund you the prorated prepaid fees for the Pre-Paid Period after such discontinuation.
You understand, agree, and accept that aG will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Services and Content, and to provide all or any specific content through the Service. aG and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.
CONTESTS, SWEEPSTAKES AND PROMOTIONS
Some parts of the Services are billed on a membership subscription basis ("Subscription"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on an annual basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or aG cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting aG customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide aG with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize AG to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, aG will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
aG, in its sole discretion and at any time, may modify the fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
aG will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Services after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable, however they may be pro-rated for changes in membership level or in the event of termination, in the sole discretion of aG.
ADDITIONAL TERMS FOR MOBILE APPLICATIONS
Mobile Applications. To use any mobile applications included in the Services (“Mobile Applications”), you must have a mobile device that is compatible with the Mobile Applications. We do not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. We hereby grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one account on one mobile device owned or leased solely by you, for your personal use.
You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications.
You acknowledge that we may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of the Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and we or our third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in the Terms, is void. We reserve all rights not expressly granted under the Terms.
The Mobile Applications are subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Services.
Mobile Applications from Apple App Store. The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that the Terms is solely between you and aG, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by the Terms and any law applicable to us as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by the Terms and any law applicable to us as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, aG, 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. You and aG acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
Mobile Applications from Google Play Store. The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and aG only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) aG, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to aG’s Google-Sourced Software.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Services.
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 Services or a third-party Services. 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 Services, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
For customer support with questions regarding your aG account, Membership Subscription or our website, please contact our Customer Service department through our website or by telephone at the contact telephone numbers provided. aG will reasonably endeavor to respond to Customer Support inquiries within a reasonable time, however we do not guarantee that a support inquiry will be responded to within a particular time frame, or that we will be able to answer an inquiry.
For customer support with questions regarding your aG account, Membership Subscription or our Services, please contact our Customer Service department through our Services or by telephone at the contact telephone numbers provided. aG will reasonably endeavor to respond to Customer Support inquiries within a reasonable time, however we do not guarantee that a support inquiry will be responded to within a particular time frame, or that we will be able to answer an inquiry.
LINKS TO OTHER WEB SITES
Services may contain links to third party web sites or services that are not owned or controlled by aG.
aG has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or Services. aG does not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that aG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Services available on or through any such third party web sites or Services.
aG advises you to read the terms and conditions and privacy policies of any third party web sites or Services that you visit.
TERMS AND TERMINATION
aG may terminate or suspend your account and bar access to the Services and Content immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
The Terms will continue to apply to you until terminated by either you or aG. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Terms for any reason. aG may terminate the Terms or suspend your access to the Services at any time, including in the event of your actual or suspected unauthorized use of the Services and/or Content, or non-compliance with the Terms, or if we withdraw Services and/or Content (in which case we shall provide you with reasonable notice in advance of doing so). If you or aG terminate the Terms, or if aG suspends your access to the Services and Content, you agree that aG shall have no liability or responsibility to you, and aG will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your aG account, please contact us through the Customer Service link available on the aG website. This section will be enforced to the extent permissible by applicable law.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
INDEMNIFICATION OF AG
You agree to defend, indemnify and hold harmless aG and its licensee and licensors, and their employees, contractors, agents, consultants, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Services.
LIMITATION OF LIABILITY
In no event shall aG, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
YOU UNDERSTAND AND AGREE THAT THE aG SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. aG AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER aG NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICES AND CONTENT ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, aG MAKES NO REPRESENTATIONS NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE aG SERVICES OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. aG IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM aG SHALL CREATE ANY WARRANTY ON BEHALF OF aG. WHILE USING THE aG SERVICES. aG its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
LIMITATION OF REMEDY
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO UNINSTALL AND/OR STOP USING THE SERVICES. YOU AGREE THAT AG HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO AG, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
IN NO EVENT WILL AG, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, DEVICES THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SPOTIFY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO AG DURING THE PRIOR TWELVE MONTHS IN QUESTION.
Nothing in the Terms removes or limits aG’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
These Terms, and any disputes or claims arising out of or in connection with the Terms shall be governed and construed in accordance with the laws of the state of Washington, United States, without regard to choice or conflicts of law principles. Further, you and aG agree to the jurisdiction of the courts of King County or the Western District of Washington to resolve any dispute, claim or controversy that relates to or arises in connection with the Terms and any disputes or claims arising out of or in connection with the Terms.
The failure of aG to enforce any right or provision of these Terms will not be considered a waiver of those rights.
SEVERABILITY AND INTERPRETATION
Unless as otherwise stated in the Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms.
As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute all the terms and conditions agreed upon between you and aG and constitute the entire agreement between us regarding aG’s Services and Content, and supersede and replace any prior agreements, whether written, digital or oral, in relation to the subject matter of these Terms, that we might have had between us regarding the Services and Content.
aG may assign these Terms, and any of its rights under the Terms, in whole or in part, and aG may delegate any of its obligations under the Terms. You may not assign the Terms, in whole or in part, nor transfer or sub-license your rights under the Terms, to any third party.
CHANGES TO TERMS
aG reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is considered by aG to be a material change, aG will provide at least thirty (30) days notice prior to any new terms taking effect. What constitutes a material change will be determined at aG’s sole discretion.
By continuing to access or use aG’s Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
If you have any questions about these Terms, please contact us at http://aboutgolf.com; 800-445-GOLF.
aboutGOLF Global, Inc.
5105 Carillon Pt.
Kirkland, WA 98033