Last updated: March 4, 2025
Unknown Golf is a website, www.unknowngolf.com (the “Site”) and web-based application (the “App”) that exists to provide a platform for golf tournament and league management, live golf game scoring, and individual and group on-course competition (the App, the Site and the services provided thereunder are referred to collectively as the “Services”). The Services are provided and moderated by UKG Technology LLC, an Arkansas limited liability company also known as Unknown Golf (“Unknown Golf,” “Company”, “Us” or “We”). The following terms of use, together with any documents that such terms of use expressly incorporate by reference (as such Terms of Use and/or such documents may be amended or modified from time, collectively, the “Terms of Use”) govern your ability to use and access any content, functionality and services offered on or through the Site and the App, whether as a viewer of the Site or as a registered user of the Services.
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 THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICES.
BY ACCESSING OR BROWSING THE SITE OR THE APP OR USING ANY OF THE SERVICES, YOU AGREE 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 INDIVIDUALS WHO ARE 13 YEARS OLD OR SUCH HIGHER AGE REQUIRED IN YOUR COUNTRY, STATE OR OTHER APPLICABLE JURISDICTION TO USE THE SERVICES. IF YOU ARE UNDER THE LEGAL AGE TO FORM A BINDING CONTRACT IN YOUR COUNTRY, STATE OR OTHER APPLICABLE JURISDICTION, YOU REPRESENT AND WARRANT THAT YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS OF USE ON YOUR BEHALF. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE SERVICES.
For purposes of these Terms of Use, the following terms have the following meanings:
“Affiliate” means, with respect to any Person, any other Person that is directly or indirectly Controlling, Controlled by, or under common Control with such Person, where “Control” and derivative terms mean the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract, or otherwise.
“Person” means any individual, corporation, limited or general partnership, limited liability company, limited liability partnership, trust, association, joint venture, governmental entity, or other entity.
“Related Parties” means, with respect to any Person, such Person’s Affiliates and the partners, directors, officers, employees, agents, trustees, administrators, managers, members, advisors, agents and representatives of such Person and of such Person’s Affiliates.
“You” includes yourself, your Related Parties and any other third party acting on your behalf in connection with the Services (as defined below) as a user.
“User” means a Person who accesses or in any way uses the Services.
We may amend or modify these Terms of Use at any time and from time to time in our sole discretion. You are expected to check this page frequently so that you are aware of any changes, as they are binding on you. When we amend or modify these Terms of Use, we will notify you of such changes by posting the revised version on our Site and App. Any changes will become effective upon the earlier of (a) thirty (30) calendar days following the date of our e-mail notice to you (if applicable) or (b) thirty (30) calendar days following the date of 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 of Use, you accept and agree to such amendments and/or modifications.
Accounts
Some features of the Services may require registration for an account with Unknown Golf, including a unique username and password combination to access the Services (“Account”). You promise that any information about yourself that you provide to us will be true, accurate, complete, and current. You agree that all information you provide to register with this Site, the App or otherwise, including, but not limited to, through the use of any interactive features on the Site or the App, is governed by our Privacy Policy and you accept and agree to be bound by and comply with our Privacy Policy and consent to any and all actions that we take with respect to your information consistent with our Privacy Policy.
Unless otherwise agreed upon in writing and subject to these Terms of Use, 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 of Use govern use of all aspects and portions of the Site and the App, regardless of registration. Registration may require that 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 any other Person. Your username and password will identify you to us when you return to the Site or the App. 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 also acknowledge that your Account is personal to you and agree not to provide any other Person with access to this Site or any portion of it using your username, password or other security information. 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 of Use. 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 Account because of inactivity or fraudulent activity under that Account, or any other reason that we deem appropriate. We have the right to disable any username, password, or other identifier, whether chosen by You or provided by Us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. We are available for your questions regarding use of the Services at admin@unknowngolf.com.
General Restrictions on Use
Unless otherwise indicated, theServices are our proprietary property and all source code, databases, contents,features, functionality, software, website designs, audio, video, text,photographs, displays, images, video, audio, graphics (“Content”) andtrademarks and logos (“Trademarks”) on the Services are owned orcontrolled by us, or licensed by us, and are protected by United States andinternational copyright, trademark, patent and other intellectual property orproprietary rights or laws.
We reserve the right to withdraw or amend theSite and/or the App, and any service or material we provide on the Site or theApp, in our sole discretion at any time and from time to time without notice.We will not be liable if for any reason all or any part of the Site or the Appis unavailable at any time or for any period. From time to time, we mayrestrict access to some parts of the Site and/or the App, or the entire Siteand/or the App, to users, including registered users.
Provided that you are eligibleto use the Services, we grant you a limited license to access and use theServices. We reserve all rights not expressly granted to you in and tothe Services, the Content, and the Trademarks.
You may not rent, transfer,assign, commercially exploit, resell, or sublicense access to the Services toany third party. You agree not to combine or integrate the Services withhardware, software, or other technology or materials not provided by us. Youmay not alter or create any derivative product based on any of the Services.Except as expressly stated in these Terms of Use, no part of the Services maybe copied, reproduced, republished, distributed, displayed, downloaded, posted,or transmitted in any form or by any means. Any future amendments ormodifications to the Services shall be subject to these Terms of Use. You agreenot to use the Services to violate local, state, national or international law;stalk, harass, or harm anyone; collect or store personal data about otherusers; impersonate any Person, or otherwise misrepresent your affiliation witha Person; or interfere with the Services or servers or networks connected tothe Services, or disobey any requirements, procedures, policies, or regulationsof networks connected to the Services.
Restrictions on Use of the Services
In addition to other restrictions set forth in these Terms of Use, you agree that:
The Services provide you with the ability to send or post messages in connection with an event, within communities, and otherwise as permitted by the Services. You agree that all communications by you on the Site, the App and through the Services shall be deemed your User Content and shall be subject to and governed by these Terms of Use and applicable law (including laws regulating direct marketing communications with which you will comply with, as applicable). By using communication methods available through the Services, you agree that (a) all communications constitute public, and not private communications 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 in 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.
User Contributions
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other Persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution that you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our Affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand, acknowledge and agree that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to, any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES (AND EACH RELATED PARTY OF THE COMPANY AND EACH OF ITS AFFILIATES), LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RELATING TO OR RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PERSONS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY OF SUCH PERSONS OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
Content Standards
The following content standards (the “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Fees
In order to access certain functions and features 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 determined by the subscription period you choose. All subscription fees are exclusive of sales, use, value added, and similar taxes, which are your sole responsibility. 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. Subject to the automatic renewal provisions below, Unknown Golf reserves the right to increase subscription and other fees or to institute new fees at any time and from time to 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.
Payments
When you subscribe to Unknown Golf, 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.
AUTOMATIC RENEWAL
SUBSCRIPTION FEES WILL BE BILLED AUTOMATICALLY AT THE START OF THE MONTHLY OR ANNUAL PERIOD, AS APPLICABLE. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR THE SAME PERIOD UNTIL TERMINATED BY YOU. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON THE SAME ORDINAL DATE YOU BEGAN YOUR SUBSCRIPTION (EXCEPT THAT MONTHLY SUBSCRIPTIONS STARTED ON THE 31ST DAY OF ANY MONTH WILL BE AUTOMATICALLY RENEWED ON THE LAST DAY OF EACH SUCCEEDING MONTH) (THE “RENEWAL DATE”). ON THE RENEWAL DATE, YOUR DESIGNATED PAYMENT METHOD WILL BE CHARGED THE SUBSCRIPTION FEE. YOUR PERIODIC SUBSCRIPTION FEE WILL BE THE SAME AS YOUR INITIAL CHARGES UNLESS YOU ARE OTHERWISE NOTIFIED AT LEAST THIRTY (30) DAYS IN ADVANCE OF ANY RENEWAL DATE. NOTHWITHSTANDING THE FOREGOING, IN THE EVENT YOU HAVE RECEIVED A DISCOUNTED OR INTRODUCTORY SUBSCRIPTION FEE FOR A SPECIFIED PERIOD OF TIME, WHEN SUCH PERIOD ENDS YOU WILL BE CHARGED A SUBSCRIPTION FEE AT OUR STANDARD RATE THEN IN EFFECT.
YOU MAY TERMINATE YOUR SUBSCRIPTION AT ANY TIME, FOR ANY REASON, BY FOLLOWING THE TERMINATION PROCEDURES SET FORTH ON OUR SITE OR IN THE APP. ONCE YOUR ACCOUNT IS TERMINATED, YOU ACKNOWLEDGE AND AGREE THAT WE MAY WITHOUT NOTICE TO YOU PERMANENTLY DELETE YOUR ACCOUNT AND ALL DATA ASSOCIATED WITH IT.
No Refunds
Payments are nonrefundable and there are no refunds or credits for partially used subscription periods. Following any cancellation, however, you will continue to have access to the Services through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
These Terms of Use 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,
Suspension or termination of your Account may include removal of access to all offerings within the Services, deletion of your information, files and Content (as defined below) 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 agree that we may terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.
Once your Account is terminated, you acknowledge and agree that we may permanently delete your Account and all the data associated with it.
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, as applicable. 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 Persons 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. You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property associated with 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 (“User Content”) shall remain the property of the User. However, we need limited rights from you to operate the Services with your activity. By logging an activity or other User Content, you grant Unknown Golf, its Affiliates 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:
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 Person or breach any contract or legal duty to any other Person, 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:
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:
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:
UKG Technology LLC
5204 W Village Pkwy, Ste 11 PMB 174
Rogers, AR 72758
Attn: Legal Department
Email: legal@unknowngolf.com
UNKNOWN GOLF MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO 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” AND “AS AVAILABLE” 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 (AND EACH RELATED PARTY OF THE COMPANY AND EACH OF ITS AFFLIATES), LICENSORS AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY 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.
UNKNOWN GOLF AND ITS RELATED PARTIES 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 AFFILIATES (AND EACH RELATED PARTY OF THE COMPANY AND EACH OF ITS AFFILIATES), 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 OR RELATING TOSUCH 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.
IF THE SITE OR THE APP CONTAINS LINKS TO OTHER WEBSITES AND RESOURCES PROVIDED BY THIRD PARTIES, THESE LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY. THIS INCLUDES LINKS CONTAINED IN ADVERTISEMENTS, INCLUDING BANNER ADVERTISEMENTS AND SPONSORED LINKS. WE HAVE NO CONTROL OVER THE CONTENTS OF THOSE WEBSITES OR RESOURCES AND ACCEPT NO RESPONSIBILITY FOR THEM OR FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED TO THE SITE OR THE APP, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH WEBSITES.
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.
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 of Use 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 or these Terms of Use 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 you and 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.
You and we also both agree that the terms “dispute” and “claim” as used in this Section XI 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 of Use, 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.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
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.
You may not assign these Terms of Use or any of your interests, rights or obligations under these Terms of Use. We may at any time assign these Terms of Use and any of our interests, rights and/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.
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.
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.
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