PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES.
Huckleback Golf, LLC is a website and mobile application that is a fun and easy way to keep track of your golf round so you can concentrate on your swing and not the maths. The following Terms of Use constitute a legally binding agreement (the “Terms”) between you and Huckleback Golf, LLC, a Missouri limited liability company, doing business as, Huckleback Golf and its affiliates (“Huckleback Golf, LLC,” “we,” “us” or” our”) governing your use of our website, mobile application, stores and other services or content available through the foregoing (collectively, the “Services”). You also agree to and accept our Privacy Policy and Subscription Agreement, which describes how we use the information you provide Huckleback Golf, LLC and your payment for the Services. The Privacy Policy and Subscription Agreement are both incorporated into these Terms by reference.
Please read these terms of use carefully. By creating an account,using the Services, or otherwise indicating your assent to these Terms, you agree to be bound by these Terms and you represent and warrant that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into the Terms (on behalf of yourself or the entity that you represent) .If you do not wish to be bound by these Terms of Use, you may not create and account, sell merchandise, purchase merchandise or access or use the Services.
These Terms govern how claims you and Huckleback Golf, LLC have against each other can be brought and will require you to submit claims you have against Huckleback Golf, LLC to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding. If you do not agree to be bound by these Terms, you may not you may not create and account, or access and use the Services.
CHANGES
We may revise these Terms, our Privacy Policy, our policies,and/or the Services at any time. Your use of the Services following any change constitutes your agreement to follow and be bound to these Terms and Privacy Policy as revised. We will always post the most current version here: Terms of Use. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your account. You are responsible for providing us with your current email address, which you may do when you create an account, and you may update it by modifying the information when logged in to your account. Any changes or modifications to our Services and/or policies including but not limited to, Terms of Use, Privacy Policy,Seller Terms, will be effective upon posting of the revisions. Your continued use of the Services after the date of any such changes or modifications will indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions. Please regularly check Terms of Use to view the then-current Terms.
PRIVACY AND DATA RETENTION
Please review our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the Services. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern. If you do not agree with our collection, storage and use of such information as described in the Privacy Policy, do not use our Services.Huckleback Golf, LLC will retain your information as long as we deem necessary. You may inform us of any changes or requests about your personal data, and in accordance with our obligations under local data protection law, we will use all reasonable means to update or delete your personal data accordingly. However, Huckleback Golf,LLC will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. Huckleback Golf, LLC reserves the right at all times to disclose any information as Huckleback Golf,LLC deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
LICENSE GRANT
Huckleback Golf, LLC operates one or more websites and related mobile applications where the Services can be accessed. The websites and applications contain data, text, graphics, photographs, graphs, sounds, images,audio, page headers, software (including HTML and other scripts), buttons,video, and other icons, all of which are arranged and compiled (all of the above “Information”), and which is either owned or licensed by Huckleback Golf,LLC. Your use of the websites and/or applications and access to the Information is expressly conditioned upon your agreement that all such access and use shall be governed by the terms set forth in these Terms of Use. You are hereby granted a non-transferable, non-sublicensable, limited, revocable, right and license to access and make use of the websites and applications for your own exclusive benefit and solely for the purposes intended by the websites and applications.
ACCOUNT REGISTRATION
In order to use the Services, you must register an account with HucklebackGolf, LLC directly. You are allowing us to pass your login information to third-partyservice (“TPS”) providers for the purpose of targeted advertising. In addition,you are allowing us to access, make available, and store any information,content, or other materials that you have provided to or stored in your account. You can revoke our access to any of your information at any time by canceling your Huckleback Golf, LLC account. Please remember that the manner in which a TPS uses, stores and discloses your information is governed solely by the policies of such TPS and Huckleback Golf, LLC shall have no liability or responsibility for the privacy practices or other actions of any TPS that may be enabled within the Services. If you choose to register an account with HucklebackGolf, LLC you agree to provide and maintain accurate, current and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. Unless we expressly authorize you to do so,you are only authorized to create and use one account for the Services and are prohibited from using alter egos or other disguised identities when using the Services. You also represent and warrant that you (a) have not previously been suspended or removed from the Services; (b) do not have more than one account; and (c) that you have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. Huckleback Golf, LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created under these Terms or your use of the Services.
PURCHASES
In order to make a purchase to use the Services, you must have a valid payment method on file with us. You are responsible for paying all fees and applicable taxes associated with our Services. If your payment method fails, or your account is past due, we may collect fees owed using other collection mechanisms. This includes, without limitation, charging a portion of the owed amount, charging other payment methods on file with us, retaining collection agencies and for accounts over 30 days past due, deducting the amount owed from your approved online payment account. To ensure uninterrupted service and to enable you to conveniently make additional purchases, Huckleback Golf, LLC willstore and update (e.g. upon expiration) your payment method on file. If you choose to use a third-party payment service offered by Huckleback Golf, LLC,such as PayPal or Affirm, you are subject to their terms of use and privacy policies. Our listed prices are subject to change at any time without notice. To the fullest extent permitted by law, we reserve the right to cancel any promotion, discount, coupon or similar incentive before its originally stated expiration date without notice and at our sole discretion.Please note that only one account per delivery address may be eligible for promotional codes and discounts, including, but not limited to new customer and first-time purchase promotions. Except as otherwise stated, all prices are quoted in U.S. Dollars and all promotions may be limited to U.S. customers.
TRADEMARK AND COPYRIGHT NOTICE
“Huckleback” is a Registered Trademark and Registered Copyright of Huckleback Golf, LLC.
ACCESS TO THE SERVICES
App Stores. With respect to any mobile application (each, an “App”) accessed through or downloaded from the Apple App Store, Google Play Store or any similar store or marketplace (each an “App Store” and references to the App Store include the corporate entity and its subsidiaries making the App Store available to you),you agree to comply with all applicable third-party terms of the App Store (the“Usage Rules”) when using the App. To the extent these Terms provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies. You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the App Store. You acknowledge that these Terms are between you and us and not with the App Store. We, not the App Store, are solely responsible for the App and Services, the content thereof,maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access.You also agree to pay all fees (if any) charged by the App Store in connection with the App or Services. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App or Services. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms of Use and will have the right to enforce them. Open-Source Software. Certain software code incorporated into or distributed with the Services may be licensed by third parties under various“open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the MIT License) (collectively, the“Open Source Software”). Notwithstanding anything to the contrary in theseTerms of Use, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of the irrespective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Services may contain data, text, graphics, photographs, graphs, sounds, images, audio,page headers, software (including HTML and other scripts), buttons, video, and other icons, all of which are arranged and compiled (collectively, “ServiceContent”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by HucklebackGolf, LLC you agree not to modify, copy, frame, scrape, rent, lease, loan,sell, distribute or create derivative works based on the Service or the ServiceContent, in whole or in part. In connection with your use of the Services, you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Services other than as specifically authorized herein is strictly prohibited. The technology underlying the Services (including the Software distributed in connection therewith) is the property of Huckleback Golf, LLC, our affiliates, and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code,sell, assign, sublicense, or otherwise transfer any right in the Services(including the Software). Any rights not expressly granted herein are reserved by Huckleback Golf, LLC. Huckleback is a registered trademark in the U.S. Patent and Trademark Office. These and any other Huckleback Golf, LLC products or services,names or slogans, displayed through the Services are trademarks or copyrights of Huckleback Golf, LLC. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of HucklebackGolf, LLC is the service mark, trademark and/or trade dress of Huckleback Golf,LLC and you may not copy, imitate or use it, in whole or in part, without our prior written consent. Other company, product, and service names and logos used and displayed through the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Huckleback Golf, LLC and may not be used by you without permission. Any use of such marks, or any others displayed on through the Services, will inure solely to the benefit of their respective owners. Huckleback Golf, LLC respects the intellectual property of others. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, you may file a DMCA Notice of Alleged Infringement according to the process set out in the U.S. Digital Millennium Copyright Act. with our Designated Copyright
Agent: Huckleback Golf, LLC
Attention: Copyrights
249 Majestic Oak
Nixa, MO 65714
United States of America
Email: support@huckleback.golf
When submitting a DMCA Notice of Alleged Infringement, please provide us with this information:
· A physical signature of theperson authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of where the material that you claim is infringing is located on the site;
· Your address, telephone number,and email address;
· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
FEEDBACK AND USER CONTENT
In the event that you provide us any ideas, thoughts, criticisms,suggested improvements or other feedback related to merchandise or the Services(collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Services or any products and (b) promote the Services and products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use,reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form,media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise. By using the Services, you may submit or publish various forms of media content and written communications as well as photos, captions, suggestions, ideas, comments, questions, or other information(collectively, “User Content”), so long as the User Content is not fraudulent, illegal,obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a payment method or other UserContent. Huckleback Golf, LLC reserves the right to use, remove, edit or report such User Content, but is not obligated to regularly review nor monitor UserContent. You acknowledge and agree that any User Content provided by you to us isnon-confidential By providing User Content, or any part thereof, you are deemed to have granted Huckleback Golf, LLC a nonexclusive, royalty-free, perpetual,unlimited, irrevocable, and fully assignable and sublicensable right and license to use, reproduce, modify, adapt, publish and translate your UserContent, and distribute and display your User Content throughout the world on any media or platform. You represent and warrant that the publication and use of your User Content, including to the extent such User Content includes your name,likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third-party, including, without limitation, privacy rights,publicity rights, copyrights, trademark and other intellectual property rights,or is otherwise injurious to third parties or objectionable and does not consist of or contain software viruses. You will indemnify Huckleback Golf, LLC,its shareholders, officers and/or employees and consultants for all claims and/or action made or brought by a third-party resulting from Company’s use of your User Content. You represent and warrant that you own or otherwise control all of the rights to your User Content; that the content of your User Content is accurate; that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Huckleback Golf, LLC for all claims resulting from User Content you supply, which indemnity shall include the reimbursement of any reasonable and necessary attorney’s fees, costs and expenses incurred by Huckleback Golf, LLC in defending any third-party claims or actions. Huckleback Golf, LLC has the right but not the obligation to monitor and edit or remove any activity or UserContent. Huckleback Golf, LLC takes no responsibility and assumes no liability for any User Content posted by you or any third party. Huckleback Golf, LLC, in any event, reserves the right (but not the obligation) to remove or edit your User Content, at its discretion and without requirement of any notice to you. Huckleback Golf, LLC reserves the right to,but no obligation to, and may from time to time, monitor any and all data transmitted or received through the Website. Huckleback Golf, LLC, at its sole discretion and without further notice to you, may (but is not obligated to)review, censor or prohibit the transmission or receipt of any Information which the Huckleback Golf, LLC, deems inappropriate or that violates any term or condition of this Agreement. During monitoring, data may be examined, recorded,copied, and used by Huckleback Golf, LLC. Use of the Website by you, authorized or unauthorized, constitutes consent to such foregoing monitoring.
ELECTRONIC COMMUNICATIONS
By creating an account, you agree that you may receive communications from Huckleback Golf, LLC, including, but not limited to,newsletters, promotions, special offers, account reminders and updates.When you use our Services or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notifications, or notices and messages on this site or through the other Services, and you can retain copies of these communications for your records. You agree that all agreements,notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of our emails or by contacting our customer service department at support@huckleback.golf
RIGHT TO ACCESS
The Services are not targeted towards, nor intended for use by,anyone under the age of 18. For example, Huckleback Golf, LLC does not advertise merchandise for sale directly to children, but it advertises merchandise to adults, who can purchase with a credit card or other permitted payment method. If you are under the legal age of majority in your jurisdiction(usually 18), you may use the Services only with involvement of a parent or guardian. By using the Services, you represent and warrant that you are of the age of majority in your jurisdiction. If you are not at least 18 years of age,do not access, use or register for an account. In addition, you may not make a purchase from our Website unless you are at least 18 years of age. IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO A MINOR’S REGISTRATION WITH AND USE OF THE SERVICES AND WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH MINOR’S USE OF THE SERVICES AND WEBSITE.
RESTRICTED ACTIVITIES
With respect to your use of the Services and Website, you agree that you will not:
1. impersonate any person or entity;
2. stalk, threaten, or otherwise harass anyperson, or carry any weapons;
3. violate any law, statute, rule, permit,ordinance or regulation;
4. interfere with or disrupt the Services;
5. post information through, or interact with,the Services in a manner which is false, inaccurate, misleading (directly or byomission or failure to update information), defamatory, libelous, abusive,obscene, profane, offensive, sexually oriented, threatening, harassing, orillegal;
6. use the Services in any way that infringes anythird party’s rights, including but not limited to: privacy rights,intellectual property rights, copyright, patent, trademark, trade secret orother proprietary rights or rights of publicity or privacy;
7. post, email or otherwise transmit anymalicious code, files or programs designed to interrupt, damage, destroy orlimit the functionality of any computer software or hardware ortelecommunications equipment or surreptitiously intercept or expropriate anysystem, data or personal information;
8. “frame” or “mirror” any part of the Services,without our prior written authorization or use meta tags or code or otherdevices containing any reference to us in order to direct any person to anyother website for any purpose; or
9. modify, adapt, translate, reverse engineer,decipher, decompile or otherwise disassemble any portion of the Services or anysoftware used on or for the Services;
10. rent, lease, lend, sell, redistribute,license, sublicense or access to any portion of the Services;
11. use any robot, spider, site search/retrievalapplication, or other manual or automatic device or process to retrieve, index,scrape, “data mine”, or in any way reproduce or circumvent the navigationalstructure or presentation of the Services or its contents;
12. link directly or indirectly to any otherwebsites;
13. discriminate against or harass anyone on thebasis of race, national origin, religion, gender, gender identity, physical ormental disability, medical condition, marital status, age or sexualorientation,
14. cause any third party to engage in therestricted activities above;
15. use the Website and Services for any unlawfulpurposes;
16. sell, resell, sublicense, distribute,transfer, copy, reproduce, publicly display, duplicate, or download (other thanpage caching), the Website or Services, or any part thereof;
17. collect information (including withoutlimitation, any product listings, descriptions, photos, images, or prices), aslisted on the Website or included in the Services [unless as permitted bySection “Communications and Other Content”];
18. adapt, modify and/or make any derivativemodifications to the Website or the Information, or any part thereof;
19. download or copy any account and/orinformation from the Website or Services, or any part thereof, for the benefitof another person, entity, vendor and/or merchant;
20. use any meta tags or any other “hidden text”utilizing Huckleback Golf, LLC name or trademarks or any third party’s name ortrademarks without the express written consent of Huckleback Golf, LLC or theapplicable third party.
21. publish and/or use unlawful, threatening,abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwiseobjectionable, language, text, photos, graphics or howsoever otherwisepublications, on the Website;
22. collude against another person in restraint oftrade and competition;
23. create a hyperlink to the Website, or any pageof the Website, without Huckleback Golf, LLC’s express written consent; or
24. imply affiliation with or endorsement orsponsorship by Huckleback Golf, LLC, or cause confusion, mistake, or deceptionin connection therewith.
PROP 65 NOTICE TO CALIFORNIA RESIDENTS
California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. It is the Seller’s sole responsibility to insure that its User Content complies with California Proposition 65. Further information regarding California Proposition 65 may be obtained online by visiting www.p65warnings.ca.gov. Pursuant to California Civil Code Section 1789.3, Huckleback Golf,LLC provides users of the Website with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112,Sacramento, CA 95834, or by telephone at 800-952-5210.
SUPPLY CHAIN TRANSPARENCY
The California Supply Chains Act of 2010 (SB-657) requires certain retailers and other businesses doing business in California to disclose to the public their efforts, if any, to ensure that the goods they sell are not made by workers who are enslaved, or otherwise forced into service, or who have been the victims of human trafficking. Huckleback Golf, LLC does not condone or intentionally support human trafficking, slavery or any other form of forced labor. Huckleback Golf, LLC requires its Sellers to adhere to labor and workplace standards that include employment of workers above the minimum working age who freely choose to work and who are regularly, legally compensated. We also require our Sellers doing business in California to warrant that any products were made in compliance with all applicable laws,including laws prohibiting child labor, forced labor, and unsafe working conditions. However, Huckleback Golf, LLC does not currently require its Sellers to provide any additional certification regarding compliance with slavery and human trafficking laws nor do we regularly engage in audits of our professional suppliers’ factories to verify their compliance with our standards (although we continue to evaluate the feasibility of conducting audits). Huckleback Golf, LLC maintains internal accountability standards for employees and contractors, and we will not tolerate slavery or human trafficking by either. Huckleback Golf, LLC does not currently provide any specific training for its personnel responsible for supply chain management with respect to human trafficking and slavery and methods for mitigating risks. However, Huckleback Golf, LLC reviews all of its policies and procedures, including training practices, on a regular basis and will continue to consider the appropriateness of expanding its training offerings.
RELEASE AND INDEMNITY
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Huckleback Golf, LLC andour subsidiaries and affiliates, and our respective members, managers officers,directors, agents, partners, employees, independent contractors, service providers and consultants (together with Huckleback Golf, LLC, the “Huckleback Golf, LLC Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your misuse of the Services; (b) any User Content you post, upload, use, distribute,store or otherwise transmit on or through the Services; (c) your violation of these Terms; and (d) your violation of any rights of another. You agree to promptly notify the Huckleback Golf, LLC Parties of any third party claims,cooperate with the Huckleback Golf, LLC Parties in defending such claims and pay all fees, costs [including non-statutory costs] and expenses associated with defending such claims (including but not limited to attorney’s’ fees). You further agree that the Huckleback Golf, LLC Parties shall have control of the defense or settlement of any third-party claims.
LIMITATION OF LIABILITY AND DISCLAIMER
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS(INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY HUCKLEBACK GOLF, LLC ON AN “AS IS”AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HUCKLEBACKGOLF, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT,MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HUCKLEBACKGOLF, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. HUCKLEBACK GOLF, LLC DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OROTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, HUCKLEBACK GOLF, LLC’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM HUCKLEBACK GOLF, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HUCKLEBACK GOLF, LLC IS NOT RESPONSIBLE FOR ANY INDIRECT,INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF ANY SERVICE, ORFROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OROTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANYSERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Website and Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under these Terms. YOU AGREE THAT HUCKLEBACK GOLF, LLC, ITS MEMBERS, MANAGERS, EMPLOYEES,AFFILIATES, AGENTS AND/OR REPRESENTATIVES, SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE AND INFORMATION FOR ANY REASON WHATSOEVER.
DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER
INFORMAL DISPUTE RESOLUTION
In the event you wish to initiate an action, we strongly encourage you to first contact us directly to seek a resolution by going to our Support Center.
If your issue is not resolved accordingly, then you agree to the following dispute resolution procedure: inthe event of any controversy, claim, action or dispute arising out of or related to any transaction conducted through the Services, or the breach,enforcement, interpretation, or validity of these Terms or any part of it(“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first-class or registered mail) describing the facts and circumstances(including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent:
1. to Huckleback Golf, LLC at:
Huckleback Golf, LLC Inc.
249 Majestic Oak
Nixa, MO 65714
OR
2. to you at: your last-used billing address or the billing and/or shipping address in your online profile.You agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
ARBITRATION AGREEMENT
Any controversy or claim arising out of or relating to these Terms of Use, Subscription Agreement or the Privacy Policy, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”)under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration is a process established by law that allows parties to a transaction to agree to resolve their Disputes by an independent arbitrator, rather than by a judge and jury. In an arbitration,only the arbitrator hears the evidence presented by both sides and makes a decision that is final and binding on the parties. The arbitrator may award damages and provide other relief as provided by law. By agreeing to arbitrate any Disputes with us, you agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute, You and Huckleback Golf, LLC expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability,validity, and enforceability of this arbitration provision. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate. 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. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advance written notice of its intent to file for arbitration. Huckleback Golf, LLC will provide such notice by email to your email address on file with Huckleback Golf, LLC and you must provide such notice by email notice@Huckleback Golf, LLC. During such 60-day notice period,the parties will endeavor to settle amicably by mutual discussions any Dispute.Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. To begin an arbitration proceeding with AAA, you must follow the steps outlined by AAA at https://www.adr.org/sites/default/files/CommercialRulesWeb.pdf. To begin an arbitration proceeding with AAA, you must send a letter requesting arbitration and describing your claim to:
Huckleback Golf, LLC Inc.
Attn: Legal Notices
249 Majestic Oak
Nixa, MO 65714
United States of America.
AAA’s rules are also available at www.adr.com. If permitted by AAA, you may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. If AAA is not available to arbitrate, the parties will select an alternative arbitral forum. All aspects of any arbitration proceeding, andany ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. The locale for any in-person arbitration proceedings shall be in Greene County, Missouri or as is close thereto as possible.
WAIVER OF RIGHT TO BRING CLASS ACTIONS ANDREPRESENTATIVE CLAIMS
All arbitrations shall proceed on an individual basis, not on aclass action or other consolidated basis. The arbitrator is empowered toresolve the Dispute with the same remedies available in court, however, anyrelief must be individualized to you and shall not be joined with, or otherwiseaffect, any other Dispute. You and Huckleback Golf, LLC agree that eachmay bring claims against the other in arbitration only in your or theirrespective individual capacities and in so doing you and Huckleback Golf, LLChereby waive the right to a trial by jury, to assert or participate in a classaction lawsuit or class action arbitration (either as a named-plaintiff orclass member), and to assert or participate in any joint or consolidatedlawsuit or joint or consolidated arbitration of any kind. If a courtdecides that applicable law precludes enforcement of any of this paragraph’slimitations as to a particular cause of action, then that cause of action (andonly that cause of action) must remain in court and be severed from anyarbitration. This Arbitration Agreement shall be governedby, and interpreted, construed, and enforced in accordance with, the FederalArbitration Act. The terms of the Arbitration Agreement provisions shallsurvive after this Agreement terminates or your use of the Sites ends. Exceptas set forth above, if any portion of this Arbitration Agreement is deemedinvalid or unenforceable, it will not invalidate the remaining portions of theArbitration Agreement.
TERMINATION
With the exception of the Arbitration Agreement, which shall survive the termination of these Terms, these Terms are effective unless and until terminated by Huckleback Golf, LLC. You agree that Huckleback Golf, LLC,in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services at any time. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of theServices, may be referred to appropriate law enforcement authorities. HucklebackGolf, LLC may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that HucklebackGolf, LLC may immediately deactivate or delete your account and/or bar any further access to the Services. Further, you agree that Huckleback Golf, LLC shall not be liable to you or any third-party for any termination of your access to the Services. Huckleback Golf, LLC may terminate these Terms immediately without notice for any of the following reasons: (a) if you fail to make any payment when due; (b) for any unauthorized access or use by you; (c) if you assign or transfer (or attempt the same) any rights granted to you under these Terms; (d)if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the Information contained in, or accessed through,the Website; (e) if you transmit or receive any Information using the Website(or cause the same) in violation of these Terms (Huckleback Golf, LLC, at its sole discretion, shall determine whether any information transmitted or received violates this provision); or (f) if you violate any of the other terms and conditions of these Terms. Termination or cancellation of these Terms shall not affect any right or relief to which the Huckleback Golf, LLC may been titled, at law or in equity. Upon termination of these Terms, all rights granted to you will terminate and revert to Huckleback Golf, LLC. Huckleback Golf, LLC reserves the right to modify the terms and conditions of these Terms. Such modifications may include,without limitation, changes in prices, implementation of user priorities,implementation of rules for use by you, and discontinuance of functional aspects of the Website. Huckleback Golf, LLC may also add, withdraw or modify Services or Information within the Website at any time in its sole discretion. All such modifications shall be displayed online, and such display shall constitute effective notice under these Terms on the day Huckleback Golf, LLC places them on the Website. You agree to review the terms and conditions of these Terms periodically to be aware of such revisions.
GENERAL INFORMATION
These Terms shall be governed by the laws of the State of Missouri without regard to choice of law principles, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. These Terms are for the benefit of, and will be enforceable by, the parties only andare not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party. If any provision of the Terms is found to be unenforceable or invalid for any reason,that provision shall be severable, and all other provisions shall remain in full force and effect. You agree that these Terms and all incorporated agreements may be automatically assigned by Huckleback Golf, LLC, in our sole discretion. Except as explicitly stated otherwise, any notices to HucklebackGolf, LLC shall be given by certified mail, postage prepaid and return receipt requested to:
Huckleback Golf, LLC Inc.
249 Majestic Oak
Nixa, MO 65714
UnitedStates of America
Any notices to you shall be provided to you through the Services or given to you at the email address or physical address you provide to HucklebackGolf, LLC during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. These Terms along with our Subscription Agreement and Privacy Policy collectively set forth the entire understanding and agreement between you and Huckleback Golf, LLC with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written. If there is any conflict between these Terms and any help text, manuals, or other documents, these Terms shall govern,whether such other documents are prior to or subsequent to these Terms, or aresigned or acknowledged by any member of the Company parties. If Huckleback Golf, LLC takes action (by itself or through its representatives) to enforce any of the provisions of these Terms, including collection of any amounts due hereunder, and is awarded damages or other relief at law or in equity in the action, Huckleback Golf, LLC shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, attorney’s fees incurred andany costs, including non-statutory costs, of any arbitration, litigation or proceeding. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Services orWebsite contemplated by these Terms must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued.
QUESTIONS?
If you have questions about these Terms or the Services, please visit our Support Center, contact our customer service department at support@huckleback.golf