Last Updated: May 24, 2018
1. Your Account. The email address you provide when creating your account will be your username for logging into your account on the TeeOff Platforms. You will also be asked to select a password. Only you are authorized to use these login credentials in connection with the TeeOff Platforms. You may only have one account for use of the TeeOff Platforms. You are solely responsible for maintaining and protecting the confidentiality of your login credentials, and are fully responsible for all activities that occur under those credentials. You agree you that you will not sell or otherwise transfer your account or any rights you have as an account holder. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. We reserve the right to terminate your account or otherwise deny you access to the TeeOff Platforms in our sole discretion without notice and without liability. If your account is terminated or suspended, or you or we terminate these Terms, you will no longer have access to your account or any associated profile, statistics, course history, playing partners or other information contained within your account profile or history. By creating an account on an EZLinks Platform, you warrant and represent that all information you provide to us is and will remain complete and accurate.
2. Use of the TeeOff Platforms. You agree that you will only use the TeeOff Platforms for your own personal use. Although we provide you with the ability to book tee times using the TeeOff Platforms, we are not responsible for any aspect of your golfing experience, and you understand that the policies, terms and conditions of the golf course(s) at which you book tee time(s) will be applicable to you. You agree to look solely to the applicable golf course for any issues associated with your golfing experience.
3. Sales Policies. Please see our TeeOff Platforms Sales Policies which are incorporated herein by reference for information on fees, pricing, cancelations and refunds applicable to your purchase of services and goods available on or through TeeOff Platforms.
4. The TeeOff High Five Rewards Program will reward users with a promotional code (good for $5US per golfer on a future booking) after the user books and plays four qualifying rounds, with each “round,” defined as an individual golfer time purchased (eg: single = 1 round, twosome = 2 rounds, threesome = 3 rounds, foursome = 4 rounds). Rounds do not have to be booked in one transaction, but can accumulate over multiple transactions. Only rounds booked on TeeOff.com, the TeeOff.com apps, or designated affiliates, and ultimately played, will qualify for this program. Promotional codes will be emailed to the purchasing golfer within 48 hours of the designated date of play of the fourth round and will be available to the user via the user account page on TeeOff.com. Users must be registered on TeeOff.com to participate, and the user is responsible for all charges and taxes. Promo values reflect local currency. The promotional code issued is valid for one designated DEAL Time transaction (up to one foursome at the same course & tee time). The value of the promotional code is based on the number of rounds selected (eg: foursome = $20US; threesome = $15US; twosome = $10US; and Single = $5US). If the number of rounds changes, the promotional value will change to match the designated rounds. Promotional codes are void after first use and where prohibited by law, and may not be combined with other offers or used for prior tee times. Promotional codes will expire 60 days after date issued. Designated DEAL Times are at the sole discretion of TeeOff.com. Promotional codes are not redeemable for cash. TeeOff may cancel or modify this promotion at any time at its discretion. Additional restrictions may apply.
5. Account Cancelation and Termination. You may cancel your EZLinks Platform account by calling 1-855-383-3633 at any time and indicating your intention to cancel your account. We expressly reserve the right to terminate these Terms at any time by either discontinuing the TeeOff Platforms, or as a result of your violation of any of the provisions set forth in these Terms, including, but not limited to, the Restrictions on Use set forth below. WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF THE TEEOFF PLATFORMS IN THE EVENT THAT MORE THAN THREE TIMES IN ONE CONSECUTIVE 12-MONTH PERIOD YOU USE THE TEEOFF PLATFORMS TO RESERVE A TEE TIME AND CANCEL LESS THAN 24 HOURS BEFORE THE TEE TIME OR FAIL TO APPEAR AT THE GOLF COURSE FOR YOUR TEE TIME WITHOUT CANCELING. Any obligations and duties that, by their nature, extend beyond the expiration or termination of these Terms will survive the expiration or termination of these Terms.
6. Restrictions on Use. You agree not to:
Sell, auction or otherwise transfer tee times you book on any of the TeeOff Platforms.
Use the TeeOff Platforms or any Platform Content (as defined below) for any commercial purpose, or to provide services to any third party as a service bureau without our prior express consent.
Frame any of the TeeOff Platforms and/or Platform Content without our prior express consent.
Use any manual or automated process, including, without limitation, robots, spiders or scrapers to access, copy, monitor or mine the TeeOff Platforms and/or any Platform Content for any purpose without our prior express written permission (except as may be a result of standard search engine or Internet browser usage).
Take any action that causes one or more of the TeeOff Platforms to cease working properly.
Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the TeeOff Platforms.
Resell, copy, distribute, transfer, reverse engineer, disassemble, decompile, create derivative works of, or allow third-party access to the TeeOff Platforms, any Platform Content or any software or code contained therein.
7. Our Content. Unless otherwise explicitly specified by EZLinks, all materials that are included in or are otherwise a part of the TeeOff Platforms, including past, present and future versions, domain names, source and object code and the "look and feel" of the TeeOff Platforms ("Platform Content") are owned, controlled or licensed by EZLinks, its subsidiaries or affiliates, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Platform Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the express permission of EZLinks and as is expressly provided in these Terms. Any unauthorized use of Platform Content is prohibited.
8. Your Content. We may provide certain features on the TeeOff Platforms that allow you to provide content to us (“User Content”). If you provide us with User Content or otherwise post User Content on any of the TeeOff Platforms, you grant to us an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed and to use your name and likeness in connection with the same. You represent and warrant that you own or otherwise have appropriate permission to upload and share your User Content and license it to us in accordance with these Terms; that the User Content is accurate; and that use of your User Content does not violate these Terms or the rights of any third party and will not cause injury to any person or entity. We have the right, but not the obligation, to monitor and edit or remove any activity or content, including but not limited to, your User Content, as we may determine in our sole discretion. We take no responsibility and assume no liability for your User Content and/or any content submitted by any third party. Upon EZLinks' request, you will furnish EZLinks any documentation, substantiation or releases necessary to verify your compliance with these Terms. You authorize EZLinks to publish your User Content in a searchable format that may be accessed by users of the TeeOff Platforms and the Internet. Except as prohibited by law, you waive any moral rights you may have in your User Content that you submit, even if such User Content is altered or changed in a manner not agreeable to you.
9. Idea Submissions. It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and commissioned, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, we do not accept unsolicited materials or ideas, and take no responsibility for any materials or ideas so transmitted. If, despite our policy, you send us the content addressed in the prior sentence, you agree that we will be free to use any such content for any purposes whatsoever, including, without limitation, to develop, manufacture and market products and services; and create informational articles, without any payment of any kind to you.
10. User Interactions and Disputes. You agree that you are solely responsible for your interaction with other users of the TeeOff Platforms, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
11. Acceptable Use Policy; Community Usage Rules. When you contribute, upload, post or otherwise provide content to the TeeOff Platforms ("User Content"), you agree to comply with the following usage rules:
Content must be yours please. All User Content must be original to you or otherwise in the public domain, not copied from someone else's protected work, and you must have all rights in the User Content.
No pictures or images of anyone but you and your friends and family. If you choose to upload photos to the TeeOff Platforms, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know but only with his/her/they express permission to post such materials.
Don't upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
No music please. Your User Content may not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.
Keep it relevant. Your User Content should relate to the content across the TeeOff Platforms and should be intended to add to the discussion and community on the TeeOff Platforms - it should not include irrelevant topics or postings (this is not the place to discuss politics, religion, or private matters).
Please follow codes of social decency. Although we encourage our users to express themselves with non-offensive individual self-expression, you must be respectful of others' opinions and comments so we can continue to build a community for everyone to enjoy. By way of example, cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are strictly prohibited. Your User Content may not threaten, abuse or harm others. In addition, your User Content cannot include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
Do not use the TeeOff Platforms for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the TeeOff Platforms. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
Do not upload Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
No violence. Your User Content may not promote violence or describe how to perform a violent act.
Public forum; No Privacy Expectations. We hope that you will use the community portions of the TeeOff Platforms to exchange information and content and have discussions with other members. However, please remember the community portions of the TeeOff Platforms are public forums and User Content that you post will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
Don't share other people's personal information. Your User Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
Don't damage the TeeOff Platforms or anyone's computers. Your User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the TeeOff Platforms or any computer system.
EZLinks reserves the right to edit, modify or delete any User Content submitted, and once submitted to EZLinks any such User Content shall be EZLinks’ property and EZLinks may use its discretion to share, transfer, dispose of or take any other action with respect to such User Content.
12. Reporting Copyright and Other Intellectual Property Violations. You may not use any of the TeeOff Platforms for any purpose or in any manner that infringes the rights of any third party. EZLinks encourages you to report any content on the TeeOff Platforms that you believe infringes your rights, however, you must either be the owner or otherwise authorized to act on behalf of the owner in order to file such a report. If you have a good faith belief that content on any of the TeeOff Platforms infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), EZLinks has a designated agent for receiving notices of copyright infringement and EZLinks follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide EZLinks' copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content on any of the TeeOff Platforms violates your rights other than copyrights, please provide EZLinks with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you. Please send your notice of claims of copyright infringement on or regarding the TeeOff Platforms or other complaint regarding alleged violation of rights to EZLinks’ s copyright agent, who can be reached as follows:
Name: Copyright Agent
Mailing Address: 401 S LaSalle Street, Suite 302 Chicago, IL 60605
E-mail Address: copyrightagent@EZLinks.com
NOTE: This contact information is for inquiries regarding potential copyright and other infringement only.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. Where feasible, EZLinks will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights.
13. Widgets. EZLinks may allow you to access content on any of the TeeOff Platforms that you embed on your personal web page, third party web site or social networking site (i.e., by pasting the HTML or other code provided by us (typically labeled as an embed code)) (“Widgets”). We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets does not provide you (or any third party) with any intellectual property rights in or to the Widget or any content made available via any Widget. Some Widgets are only made available for use pursuant to a separate agreement between EZLinks and the user.
NOTICE TO THIRD PARTY SITES: Any content made available in connection with your site, or otherwise, by our Widgets, third party widgets or otherwise, is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our content upon notice.
14. Third Party Links, Content and Applications. There may be links from the TeeOff Platforms, or from communications you receive from us, to third party web sites or online features. The TeeOff Platforms also may include third party content that we do not control, maintain or endorse. Functionality on the TeeOff Platforms may also permit interactions between the TeeOff Platforms and a third party website or online feature, including applications that connect the TeeOff Platforms or your profile on the TeeOff Platforms with a third party site, service, application or other online feature. For example, the TeeOff Platforms may include a button enabling you to indicate, on your social networking page, that you “like” the TeeOff Platforms, or a feature that lets you post to your social networking page a link to the TeeOff Platforms, or the ability to share content from the TeeOff Platforms or your Content with a third party, which may be publicly posted on that third party’s web site. Using this functionality typically requires you to login to your account on the third party site and you do so at your own risk. We do not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or online features.
15. Linking Policy. We grant you the revocable permission to link to the TeeOff Platforms; provided, however, that any link to the TeeOff Platforms: (a) must not frame or create a browser or border environment around any of the content of the TeeOff Platforms or otherwise mirror any part of the TeeOff Platforms; (b) must not imply that we or the TeeOff Platforms are endorsing or sponsoring any third party or its products or services, unless we have given the third party prior written consent; (c) surrounding content must not present false information about, or disparage, tarnish, or otherwise, in our sole opinion, harm us or our products or services; (d) must not use any of our trademarks without our prior written permission; (e) must not contain or appear on the same page as content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in our sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the TeeOff Platforms, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, EZLinks reserves the right to prohibit linking to an EZLinks Platform for any reason in our sole and absolute discretion.
16. Mobile Apps & Services. If EZLinks offers products and services through applications available on your wireless or other mobile device (such as a mobile phone) (the "Mobile Application Services"), such as applications you download or text messaging services, these Mobile Application Services are governed by additional terms presented in connection with the applicable Mobile Application Service. These Mobile Application Services may be provided at no charge to you or may be available for a fee, as provided in the applicable additional terms, including, but not limited to, the terms presented to you in connection with your download of such Mobile Application Service. In addition, your wireless carrier's standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information, or otherwise notify us that the wireless telephone number is no longer associated with you and identify such wireless phone number, to ensure that future messages directed to you are not sent to the person to whom your old number has been or will be assigned.
17. Promotions. The TeeOff Platforms may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes or promotion.
19. Disclaimers. YOU AGREE THAT THE TEEOFF PLATFORMS AND THEIR CONTENT IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE EZLINKS PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE TEEOFF PLATFORMS; (B) YOUR CONTENT; AND/OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE EZLINKS PARTIES OR VIA THE TEEOFF PLATFORMS. IN ADDITION, THE EZLINKS PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE EZLINKS PARTIES DO NOT REPRESENT OR WARRANT THAT THE TEEOFF PLATFORMS WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE EZLINKS PLATFORM OR THE SERVERS THAT MAKE THE TEEOFF PLATFORMS AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE EZLINKS PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE TEEOFF PLATFORMS IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE EZLINKS PLATFORM IS AT YOUR SOLE RISK. THE EZLINKS PARTIES DO NOT WARRANT THAT YOUR USE OF THE TEEOFF PLATFORMS IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE EZLINKS PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.
20. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE EZLINKS PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE TEEOFF PLATFORMS; (B) YOUR CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE TEEOFF PLATFORMS; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE EZLINKS PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE TEEOFF PLATFORMS; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE TEEOFF PLATFORMS; (G) THE ACTION OR INACTION OF ANY GOLF COURSE, GOLF COURSE MANAGEMENT COMPANY OR RESORT; (H) YOUR ACTIVITIES AT OR TRAVELING TO OR FROM A GOLF COURSE; OR (I) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE EZLINKS PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF AN EZLINKS PLATFORM). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE EZLINKS PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00). YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF EZLINKS' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT OR SERVICE OWNED OR CONTROLLED BY THE EZLINKS PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT OR SERVICE OWNED OR CONTROLLED BY THE EZLINKS PARTIES.
YOU ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN GOLF IS A POTENTIALLY STRENUOUS ACTIVITY AND PRESENTS RISK OF PROPERTY DAMAGE, PERSONAL INJURY AND DEATH. YOU HAVE VOLUNTARILY ELECTED TO PARTICIPATE IN THE ACTIVITIES ASSOCIATED WITH THE GAME OF GOLF WITH KNOWLEDGE OF THE DANGERS INVOLVED, AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF PROPERTY DAMAGE, PERSONAL INJURY, AND DEATH. YOU DO HEREBY WAIVE, RELEASE, AND DISCHARGE US AND OUR AGENTS, OFFICERS, AND EMPLOYEES FROM ANY AND ALL LIABILITY FOR PROPERTY DAMAGE, PERSONAL INJURY, AND WRONGFUL DEATH, AND CLAIMS OF ANY NATURE WHICH MAY HEREAFTER ACCRUE TO YOU OR YOUR ESTATE AS A DIRECT OR INDIRECT RESULT OF YOUR PARTICIPATION IN THE GAME OF GOLF IN CONNECTION WITH THE TEEOFF PLATFORMS.
21. No Third Party Beneficiaries. Except as may be expressly stated elsewhere by EZLinks, nothing expressed or implied in these Terms is intended to confer upon any person other than the parties and their respective successors or permitted assigns, any rights, remedies, obligations or liabilities whatsoever. The legal relationship between you and the golf course is not addressed in these Terms, but is subject to the terms and conditions of any agreement you enter into with that golf course.
22. Location and Territorial Restrictions. The information provided through the TeeOff Platforms and the TeeOff Platforms themselves are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We control and operate the TeeOff Platforms from offices located in the United States and make no representations or warranties that the use of the TeeOff Platforms are appropriate for use or access in other locations. Anyone using the TeeOff Platforms from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws apply. We reserve the right to limit the availability of the TeeOff Platforms or any portion of the TeeOff Platforms, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide. Software related to or made available by the TeeOff Platforms may be subject to United States export controls. Thus, no software from the TeeOff Platforms may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the TeeOff Platforms, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
23. Choice of Law; Venue. The courts in some countries will not apply Illinois law to some types of disputes. If you reside in one of those countries, then where Illinois law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of the State of Illinois, U.S.A., excluding Illinois’ choice of law rules, will apply to any disputes arising out of or relating to these Terms. All claims arising out of or relating to these Terms will be litigated exclusively in the federal or state courts of Cook County, Illinois, USA, and you and EZLinks consent to personal jurisdiction in those courts.
24. Assignment. In our sole discretion, we may assign these Terms without notice to you. You may not assign these Terms without our prior written consent.
25. No Waiver. The waiver by either party of any breach of these Terms will not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing, and signed by the party waiving its rights.
26. Severability. If any term of these Terms is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of these Terms will remain in full force and effect.
27. Our Right to Update These Terms. We reserve the right to modify or add to these Terms at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the TeeOff Platforms so that they are accessible via a link on the home page, and that your use of the TeeOff Platforms after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the TeeOff Platforms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the TeeOff Platforms from that point forward.
28. Entire Agreement. These Terms constitutes the entire agreement between you and EZLinks with respect to your use of the TeeOff Platforms and supersedes all prior agreements, proposals, negotiations, representations or communications. If there is a conflict between these Terms and any additional terms that EZLinks may implement across the TeeOff Platforms, the additional terms will control for that conflict.