Unknown Golf

Terms of Use

Last updated: November 3, 2023

These Terms of Use and Privacy Policy are effective immediately for users accessing or using the Website and/or Service on or after November 3, 2023.

Unknown Golf is a website, www.unknowngolf.com (“Site”) and web-based application (“App”) (collectively, “Services”) that exists to provide a platform for golf tournament and league management, live golf game scoring, and individual and group on-course competition. The Services are provided and moderated by UKG Technology LLC, an Arkansas limited liability company d/b/a Unknown Golf (“Us” or “We”). The following Terms and Conditions (“Terms of Use”) govern your ability to use and access any content, functionality and services offered through the Site and the App, whether as a viewer of the Site, a registered user of the Services, or as a Commercial User as defined below.  Additional terms specific to Commercial User use of the Services are governed by our Commercial User Terms of Service set forth in Section VIII below.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. THESE TERMS OF USE GOVERN YOUR ACCESS TO AND USE OF THE SERVICES.  THE SERVICES ARE AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICES.

BY ACCESSING OR MERELY BROWSING THE SITE OR USING THE SERVICES, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE INTO THESE TERMS OF USE.  THE SERVICES ARE INTENDED SOLELY FOR PERSONS WHO ARE 13 YEARS OLD OR SUCH HIGHER AGE REQUIRED IN YOUR COUNTRY TO USE THE SERVICES. IF YOU ARE UNDER THE LEGAL AGE TO FORM A BINDING CONTRACT IN YOUR JURISDICTION, YOU REPRESENT THAT YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS ON YOUR BEHALF.

I.  DEFINITIONS

The “Company,” “Unknown Golf,” “we” or “us,” refer to UKG Technology LLC d/b/a Unknown Golf and our representatives and affiliates.

A Commercial User is an entity with which we have a commercial relationship. This is typically a private golf club, a public golf facility, or a resort, but could include a golf league or other golf organization.

You” includes yourself, your representatives, your agents and any other third party acting on your behalf in connection with the Services (as defined below) as a user.  A “user” is an individual person who accesses or in any way uses the Services.  

II.  AMENDMENTS

We may amend these Terms at any time and for any reason. We ask that you stay up-to-date with these Terms. When we make changes to these Terms, we will notify you of the changes by posting the revised version on our website and application. Any changes will become effective upon the earlier of thirty (30) calendar days following our e-mail notice to you (if applicable) or thirty (30) calendar days following our posting notice of the changes on our Site or App.  Changes will be effective immediately for new users of our Services.  If you object to any such changes, we ask that you cease using the Services.  By continuing to use the Services after we have posted modifications or amendments to the Terms, you consent to such amendments and/or modifications.

III.  ACCESS TO UNKNOWN GOLF ONLINE SERVICES

Accounts

Some features of the Services may require registration for an account with Unknown Golf (“Account”). You promise that any information about yourself that you provide to us will be true, accurate, complete, and current.  

Unless otherwise agreed upon in writing and subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to access and use the Services.

Username and Password

General access to the Site does not require registering for or logging into the Site, but full use of the Services may require registration or request that you provide us with information. These Terms govern use of all portions of the Site and the App, regardless of registration. Registration may require you to choose a username and password and/or to enter other information, like your name, email address, telephone number and USGA® GHIN account information. Remember your username and password, and do not share your username or password with anyone. Your username and password will identify you to us when you return to our Site. If you forget your username or password, you may not be able to access certain portions of the Services. You are solely responsible to maintain the confidentiality of your username and password and for all activities when a user is logged into the Services by your username and password.

You agree to immediately notify Unknown Golf of any unauthorized use of your username and password or any other security breach and ensure that you log out of the Services at the end of each session. Unknown Golf will not be liable for damage or loss from your failure to comply with these Terms. You may be issued a new password or be required to change your password from time to time. Your username and password combination are not transferable to other users.

Unknown Golf reserves the right to restrict, suspend, or terminate access to the Services for any username and password combination (each, an "Account") because of inactivity or fraudulent activity under that Account, or any other reason we deem appropriate. We are available for your questions regarding use of the Services at admin@unknowngolf.com.

General Restrictions on Use

Unless otherwise indicated, the Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics (“Content”) and trademarks and logos (“Trademarks”) on the Services are owned or controlled by us, or licensed by us, and are protected by copyright, trademark laws and various other laws of the United States.  We allow you to use the Services only for users’ personal, noncommercial purposes.

Provided that you are eligible to use the Services, we grant you a limited license to access and use the Services.  We reserve all rights not expressly granted to you in and to the Services, the Content, and the Trademarks.

You may not rent, transfer, assign, commercially exploit, resell, or sublicense access to the Services to any third party. You agree not to combine or integrate the Services with hardware, software, or other technology or materials not provided by us. You may not alter or create any derivative product based on the Services. Except as expressly stated in these Terms, no part of the Services may be copied, reproduced, republished, distributed, displayed, downloaded, posted, or transmitted in any form or by any means. Any future amendments to the Services shall be subject to these Terms. You agree not to use the Services to violate local, state, national or international law; stalk, harass, or harm anyone; collect or store personal data about other users; impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or interfere with the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.

Restrictions on Use of the Services

In addition to other restrictions set forth in these Terms, you agree that:

  • You shall not use the Services in any way that breaches any applicable local, national or international law or regulation.
  • You shall not disguise the origin of information transmitted through the Services or place false or misleading information on the Services.
  • You will not use or access any service, information, application or software available via the Services in a manner not expressly permitted by Unknown Golf.
  • You will not input or upload to the Services any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Services, or information.
  • Certain areas of the Services may be restricted to registered users or paid subscribers of Unknown Golf.
  • You may not use or access the Services in any way that, in Unknown Golf's judgment, adversely affects the performance or function of the Services or interferes with the ability of authorized parties to access the Services.
  • You will use the Services for lawful purposes only and will not submit or transmit through the Services any material or engage in conduct that:
    (1) violates or infringes the rights of others, including, without limitation, rights in intellectual property such as trademarks, copyrights, patents and trade secrets;
    (2) is unlawful, threatening, abusive, profane, explicit, harassing, defamatory, fraudulent, constitutes an invasion of privacy or contains explicit, graphic, obscene or pornographic materials; or which otherwise violates any law, rule, regulation or the rights of a third party;
    (3) impersonates any person, including Unknown Golf and its employees, principals, agents, consultants or affiliates or allows you or a third party unlawful access to a third party’s computer or network;
    (4) is harmful or attempting to harm minors in any way; or
    (5) violates these Terms, the Privacy Policy, or any other policy of Unknown Golf.

IV. ONLINE COMMUNICATIONS

The Services provide you with the ability to send or post messages to your personal contacts, within communities, or for all users of the Site. You agree that all communications by you on the Site and through the Services shall be deemed your Content and shall be subject to and governed by these Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable). By using communications methods available through the Services, you agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not endorsed, sponsored or approved by Unknown Golf (unless expressly stated otherwise by Unknown Golf) and (c) communications are not routinely pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Unknown Golf in any manner, though Unknown Golf reserves the right to do so at any time at its sole discretion. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

V.  FEES AND PAYMENTS

Fees

In order to access certain functionality of the Services, you may be required to pay subscription fees and/or usage fees. Subscription fees, along with any required taxes, may be paid on a monthly or annual basis. All subscription fees are payable in advance. Usage fees are due and payable when incurred. You agree to pay the subscription fees and other charges you incur in connection with your Unknown Golf account, whether on a one-time or subscription basis. Unknown Golf reserves the right to increase subscription and other fees or to institute new fees at any time upon reasonable advance notice.  If new taxes are applicable to the Services in the opinion of Unknown Golf and its advisors, Unknown Golf reserves the right to add these to your subscription and other fees.

Auto-Renewal

Subscription fees will be billed automatically at the start of the monthly or annual period, as applicable. Your subscription will auto-renew for the same period until terminated by you. On the renewal date, your designated payment method will be charged the subscription fee. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance. You may terminate your subscription at any time, as described below.

Payments

You will be asked to designate and provide information about your preferred payment method (e.g., credit card, online payment service, or any other payment method made available by Unknown Golf) to pay subscription, usage, and other fees for your Account. If you provide your payment information, you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. You may switch to a different payment method or update your information by updating your account information. No refunds or credits will be provided by Unknown Golf.

VI.  TERM AND TERMINATION

These Terms will become effective and binding when you use the Services, or when you voluntarily register for an Account (whichever occurs first).

You agree that Unknown Golf may, under certain circumstances and without prior notice, immediately suspend or terminate your Account, and/or access to the Services. Cause for such suspension or termination shall include, but not be limited to,

  1. violations of the Terms or other incorporated agreements or policies;
  2. requests by law enforcement or other government agencies;
  3. material modification to the Services (or any portion thereof);
  4. unexpected technical or security issues or problems; or
  5. nonpayment of any fees owed by you in connection with the Services.

Suspension or termination of your account may include removal of access to all offerings within the Services,) deletion of your information, files and Content associated with your account, and barring of further use of the Services. Further, you agree that all suspensions or terminations for cause shall be made in Unknown Golf’s sole discretion and that Unknown Golf shall not be liable to you or any third party for any suspension or termination of your account or access to the Services.

You may delete your Account at any time, for any reason, by following the instructions on the Services. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms.

Once your Account is terminated, you acknowledge and agree that we may permanently delete your Account and all the data associated with it.  

VII.  LICENSE AND OWNERSHIP; ACCESS TO SERVICES

Any and all intellectual property rights (“Intellectual Property”) associated with the Services and its contents (other than User Content), including all information, data, logos, marks, designs, graphics, pictures, sound files, other files and their selection and arrangement, (collectively, the “Content”), are the sole property of Unknown Golf, its affiliates or third parties.  The Content is protected by copyright and other laws in both the United States and other countries.  Elements of the Services are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Services are trademarks, service marks or trade dress (“Marks”) of Unknown Golf, its affiliates or other entities that have granted Unknown Golf the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Unknown Golf.  Except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Services in any way without the prior written permission of Unknown Golf or the appropriate third party.  Except as expressly provided herein, Unknown Golf does not grant to you any express or implied rights to our or any third party's Intellectual Property.  

User Content, such as text, photos or graphics provided by you as a result of use of the Services, remains the property of the User.  However, we need limited rights from you to operate the Services with your activity. By logging an activity, you grant Unknown Golf, its affiliates and subsidiaries a non-exclusive, royalty-free, nontransferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from your User Content submitted by you to the Services to the extent necessary to operate the Services, and provide the services, now and in the future.

We grant you a limited, revocable, non-exclusive, license to access the Services and to view, copy and print the portions of the Content available to you on the Services. Such license is subject to these Terms of Use specifically conditioned upon the following:

  • you may only view, copy and print such portions of the Content for your own non-commercial use;
  • you may not modify or otherwise make derivative works of the Services or the Content or reproduce, distribute or display the Services or any Content except at permitted within these Terms of Use;
  • you may not remove any trademark, copyright or other proprietary notices placed on Content;
  • you may not use data mining, robots or similar data gathering or extraction methods; and
  • you may not use the Services or the Content other than for its intended purpose.

The license in this Section VII is revocable by us at any time. You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.

We have the absolute discretion to remove any User Content posted or stored on the Services, and we may do this at any time and for any reason, although we have no obligation to do so.

Claims of Infringement

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that Content on the Site infringes your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
  3. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Unknown Golf to locate the material on the Site;
  4. the name, address, telephone number, and e-mail address (if available) of the complaining party;
  5. 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
  6. 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.

Please be advised that Unknown Golf will not respond to complaints that do not meet these requirements. We may share your information with third parties when we forward DMCA compliant notifications, which will be forwarded as submitted to us without any deletions. If Unknown Golf determines that the materials alleged to infringe your copyright rights do not require removal, Unknown Golf will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information:

  1. your name, address, and telephone number;
  2. the source of the content that was removed;
  3. a statement under penalty of perjury that you have a good-faith belief that the content was removed in error;
  4. a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located; or, if your address is outside of the United States, for any judicial district in which Unknown Golf may be found, and that you will accept service of process from the person who provided the original complaint; and
  5. a physical or electronic signature (for example, typing your full name).

Notices and counter-notices with respect to the Services must meet the then-current statutory requirements imposed by the DMCA (see https://copyright.gov/title17/92appb.html) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there may be penalties for false claims under the DMCA.

Agent to Receive Notices of Claimed Infringement:

Unknown Golf LLC
5204 W Village Pkwy, Ste 11 PMB 174
Rogers, AR 72758
Attn:  Legal Department
Email:  legal@unknowngolf.com

VIII.  COMMERCIAL USER TERMS OF SERVICE

In addition to our general Terms of Use, these Commercial User Terms of Service (“Terms of Service”) are part of the agreement between us and our Commercial Users for the use of the Services.

Terms of Service Specific Definitions

"Agreement" means the general Terms of Use and these Terms of Service and all materials referred or linked to in here, unless otherwise stated.  

Administrative Users (“Admin Users” or “Admins”) are Users who administer the Services for you.

Confidential Information” means all confidential information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or a reasonable person would consider confidential. Confidential Information includes all information concerning: the Disclosing Party's customers and potential customers, finances, and the terms and conditions of this Agreement. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party. Subject to the foregoing exclusions, Commercial User Data will be considered Confidential Information under this Agreement regardless of whether or not it is designated as confidential.

User Data” means any information you provide us concerning individuals that may be Users or potential Users of the Services.

"You", "your" or “Commercial User” in these Terms of Service means the person or entity using the Services and identified in the applicable invoice as the customer and your agents (including Admins).

Use of Services

During the term of your Agreement, we will provide you, your Admins, and your Users access to the Services as described in this Agreement.  

Admin Access

Users and Admin Users use of the Services will require use of login credentials, namely a username and password.  We will provide and assign administrative credentials for any User you designate as an Admin User.  All Admin Users designated by you will have full access to all of your information provided to the Services, including access for all events using the Services, and all User Data provided to the Services by you.  All such access, use and receipt by your Admin Users is subject to and in compliance with the Agreement and you will at all times remain liable for your Admins' compliance with the Agreement.

You will be responsible for the confidentiality and use of Admin User login credentials.  You agree to immediately notify Unknown Golf of any unauthorized use of an Admin username and password or any other security breach. Unknown Golf will not be liable for damage or loss from your Admin Users’ failure to comply with this Agreement.

Unknown Golf reserves the right to restrict, suspend, or terminate access to the Services for any Account because of inactivity or fraudulent activity under that Account, or any other reason we deem appropriate. For questions regarding use of the Site, please email admin@unknowngolf.com.

User Data

You own and retain all rights to the User Data you provide to us under this Agreement. This Agreement does not grant us any ownership rights to the User Data. However, we need limited rights from you to provide the Services to you and your Users. By submitting User Data, you grant Unknown Golf, its affiliates and subsidiaries a non-exclusive, royalty-free, nontransferable right to use, reproduce, and modify the User Data submitted by you to us through the Site or otherwise to the extent necessary to operate the Site and provide the Services, now and in the future.  By providing User Data, you represent and warrant that you otherwise have the lawful right to post and distribute that User Data and the use or other transmission of such User Data does not violate any rights of or cause injury to any person or entity.  You hereby warrant and affirm that you have obtained from your Users all necessary consents under applicable laws in relation to the foregoing.

We will not use User Data to contact any individual except as you direct or otherwise permit. We will use User Data only in order to provide the Services to you and only as permitted by applicable law and this Agreement.

Confidential Information

Each party may have access to Confidential Information of the other party, including User Data.  The parties agree to use commercially reasonable efforts not to make each other’s Confidential Information available in any form to any third party.  Notwithstanding the foregoing, you acknowledge and agree that Unknown Golf may disclose User Data to the extent necessary to provide Services under this Agreement.  This restriction on disclosure will not be construed to prohibit disclosure of Confidential Information to the extent that such disclosure is required by law or valid order of a court or other governmental authority, provided that the disclosing party first uses commercially reasonable efforts to give the other party written notice prior to disclosure if permitted by law.

Indemnification

You will indemnify, defend and hold harmless Unknown Golf, its affiliates, successors, and assigns, including the applicable officers, directors, employees, and agents thereof for damages, costs and attorneys’ fees Unknown Golf incurs from any unaffiliated third-party claim arising from your User Data or your use of the Services.

We do not have any responsibility or liability for your User Data or for any loss or damage your User Data may cause to you or to other people.  We have the absolute discretion to remove any User Data posted or stored on the Site, and we may do this at any time and for any reason, although we have no obligation to do so.  You are solely responsible for maintaining copies of and replacing any User Data you provide us.  

IX.  DISCLAIMER OF WARRANTIES

UNKNOWN GOLF MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SERVICES OR THE CONTENT.  THE USE OF SAME IS AT YOUR OWN RISK.

THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS.  UNKNOWN GOLF, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.  UNKNOWN GOLF AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES THAT: (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NO INFORMATION OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY UNKNOWN GOLF IN THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO SUCH LIMITATIONS AND EXCLUSIONS CONTAINED HEREIN MAY NOT APPLY TO YOU.  IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS.  YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

X.  LIMITATION OF LIABILITY

UNKNOWN GOLF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM YOUR USE OF THE SERVICES OR YOUR ACTIVITY ASSOCIATED WITH YOUR USE OF THE SERVICES. YOU EXPRESSLY AGREE THAT THE LIABILITY OF UNKNOWN GOLF ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR YOUR ACTIVITY ASSOCIATED WITH THE SERVICES SHALL NOT EXCEED THE DOLLAR AMOUNT ACTUALLY PAID BY YOU TO UNKNOWN GOLF DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.

YOU EXPRESSLY AGREE THAT YOU ARE PHYSICALLY CAPABLE OF SAFELY PARTICIPATING IN ANY ACTIVITIES OR EVENTS ASSOCIATED WITH THE SERVICES. IF YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, FOLLOWING AN ACTIVITY OFFERED ON THE SERVICES) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF UNKNOWN GOLF OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.

YOU EXPRESSLY AGREE TO RELEASE UNKNOWN GOLF, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES AND/OR USE OF THE SERVICES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (c) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (d) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF UNKNOWN GOLF HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

XI.  COMPLIANCE WITH LAW

You agree to use the Services in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Unknown Golf, negatively reflect on the goodwill or reputation of Unknown Golf and shall take no actions which would cause Unknown Golf to be in violation of any laws, rulings or regulations applicable to Unknown Golf.

XII.  ARBITRATION NOTICE/DISPUTE RESOLUTION

Governing Law; Venue

By using the Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Arkansas, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us. The parties agree that any disputes shall be resolved by binding arbitration or litigation, as provided herein, in Benton County, Arkansas.

Disputes

Any dispute or claim arising from or relating in any way to your use of the Services provided by Unknown Golf or these Terms will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this arbitration agreement. The laws of the State of Arkansas, without regard to conflicts of laws, will be applied by the arbitrator unless otherwise agreed by the parties.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes to the extent applicable. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. To begin an arbitration proceeding, visit AAA’s website (www.adr.org) for instructions.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action, unless otherwise agreed by all parties. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed.  Nor is combining individual proceedings without the consent of all parties.  Unless we each agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

We also both agree that the terms “dispute” and “claim” as used in this Section XII are as broad as they can be and include any claim or controversy between you and us concerning the Services, the software related to the Services, the Services’ or software’s price, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforceability or validity of your, your licensors’, our, or our licensors’ intellectual property rights.  You or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

XIII.  ELECTRONIC COMMUNICATIONS.

When you visit the Services or send e-mail to Unknown Golf, you are communicating electronically. We may communicate by posting notices on the Services or e-mail notifications. You agree that all notices, disclosures, and other communications that Unknown Golf makes electronically satisfy any legal requirement that such communications be in writing. If you want to withdraw this consent, please stop using the Services.

XIV.  GENERAL

You may not assign these Terms of Use or any of your interests, rights or obligations under these Terms of Use.  If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

XV.  COMPLETE AGREEMENT

EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND UNKNOWN GOLF, THESE TERMS OF USE, TOGETHER WITH THE UNKNOWN GOLF PRIVACY POLICY, CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND UNKNOWN GOLF WITH RESPECT TO THE USE OF THE SERVICES, INFORMATION OR CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.

If you have any questions or concerns regarding the Terms of Use, please contact us at admin@unknowngolf.com.