GolfCipher Terms of Use, Effective Date of 1 January, 2020

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE, THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT.
This Terms of Use Agreement (these “Terms of Use”) describes the conditions and use of GolfCipher websites (https://www.golficpher.com/)
This site is available to all users for informational purposes. Those who wish to order must be able to form legally binding contracts under applicable law. When placing an order, you represent and warrant that you are: (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
By using the Site you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.golfcipher.com/privacy incorporated herein by reference.
These Terms of Us and the rights, benefits and obligations contained herein are fully assignable by GolfCipher and will be binding upon and inure to the benefit of our successors and assigns.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
 

Accessing the Site and Account Security
When you are using the Site, GolfCipher may request certain information from you (“Your Information”). You can review background information and explanatory information about our Site and services without providing us with any additional information. However, if you create an account or request additional information from us, you will need to provide us with certain information. If you create an account, you are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username. In addition, it is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy. Please immediately notify us of any unauthorized use of your password or username or any other breach of security by contacting us at info@golfcipher.com.
 
Intellectual Property Rights
The Site, its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by GolfCipher and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. GolfCipher and its associated logos are our trademarks and/or service marks.
 

Limitation on Liability:
In no event will GolfCipher, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, of Site or products purchased through site, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering , emotional distress.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Dispute Resolution
If we end up in a legal dispute, it will take place in Texas applying Texas law. You understand that you must file a claim against us within one year after the issue arose.
 

Indemnification:
You agree to defend, indemnify and hold harmless GolfCipher, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
 

Governing Law and Jurisdiction:
All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule.

If we do not satisfy your concerns regarding any alleged violation and you wish to pursue a claim against us, you agree to engage in mediation in the event that direct negotiations fail to resolve your concerns. The period for mediation shall be thirty (30) days unless the parties mutually agree to an extension. If mediation fails, the parties will arbitrate the dispute pursuant to the applicable rules of the Judicial Arbitration and Mediation Services (“JAMS”). Any arbitration shall take place in Texas, before an arbitrator chosen from JAMS. Any award shall be final, binding, and conclusive upon the parties, and a judgment rendered thereon may be entered in any court having jurisdiction thereof. To the extent not inconsistent with applicable laws, the arbitrator will have the authority to hear and grant motions and applications, including on an ex parte or expedited basis. The award rendered by the arbitrator shall be conclusive and binding upon the parties hereto, and judgment upon the award may be entered, and enforcement may be sought in, any court of competent jurisdiction. The prevailing party in any dispute relating to this Agreement shall be entitled to recover associated costs, including reasonable attorneys’ fees.
To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
 

Waiver and Severability:
No waiver of by GolfCipher of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of GolfCipher to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
 

Your Comments and Concerns:
This Site is operated by GolfCipher. All feedback, comments, requests for technical support and other communications relating to the Site should be directed to info@GolfCipher.com.