IMPORTANT NOTICE: PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING PAYDAY GOLF, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS INCLUDING BUT NOT LIMITED TO BEING SUBJECT TO BINDING ARBITRATION AND YOUR WAIVER OF CLASS ACTION RIGHTS.
1. Acceptance
The Payday Golf web site and associated apps (collectively the “Service”) are owned and operated by GolfESP LLC d/b/a Payday Golf (the “Company”). Access to the Service is provided subject to these Terms of Use (the “Terms of Use”) as well as, our privacy policy (the “Privacy Policy”) and the Rules and Regulations for the applicable Competition (the “Rules”).
You agree to these Terms of Use, Privacy Policy and Rules by registering for the Service offered, accessing or using the Service, and by accepting, uploading, submitting or downloading any information from the Service. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE WEBSITE. These Terms of Use constitute a legal agreement between you and the Company, and shall apply to your use of the Service even after termination.
2. Skill Based Competition
Competition (the “Competition”) offered by the Company are contests of skill. Winners are determined by the objective criteria described in the Rules and any other applicable documentation associated with the Competition. From all entries received for each Competition, winners are determined by the individuals who use their skill as golfers and their knowledge of relevant sports information to achieve the best score according to the corresponding Rules. The Service and any results from associated Competition may not be used for any form of illegal gambling as defined by any Federal or State law County or Municipal ordinance.
3. Amendments
Except for Section 17 providing for Binding Arbitration and Class Action Waiver, the Company reserves the right, at its sole discretion, to amend the Terms of Use, Privacy Policy, Rules and conditions of participation in particular Competitions at any time. The most current version of these Terms of Use, Privacy Policy, Rules and conditions of participation in particular Competitions will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any amendments and you agree to be subject to them if you participate in any Competition Use of the Service by you after any amendment constitutes your acceptance of the amendment.
4. Eligibility
You must be a citizen or resident of the United States or Canada and be at least 18 years of age to open an account, participate in Competition, or win prizes offered by the Company. In jurisdictions, territories, and locations where the minimum age for permissible use of the Service is greater than 18 years of age, you must meet the age requirement in your local jurisdiction or territory. You must be at least 19 years of age at time of Competition registration if you are a legal resident of Alabama or Nebraska. Legal residents physically located in any of the 50 states and Washington DC, excluding Arizona, Iowa, Louisiana, Montana, and Washington are eligible to open an account and participate in Competition offered by the Company. Legal residents of Arizona, Iowa, Louisiana, Montana, and Washington (the "Excluded States") are ineligible for prizes offered by the Company. Residents of the Excluded States are eligible to use the Service only in competitions that do not offer prizes. Legal residents of Canada are eligible to open an account and participate in Competition offered by the Company.
"Authorized Account Holder" is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration on the Website. By inputting a payment method to participate in real money Competition, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the Website. It shall be a violation of these Terms of Use for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder. An Authorized Account Holder may establish only one account per person to access the Service offered by the Company. In the event the Company discovers that you have opened more than one account per person, in addition to any other rights the Company may have, the Company reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes. You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms of Use to allow any other person to use your account to participate in any Competition. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes. The Authorized Account Holder may be required to provide Company with additional documentation and/or information to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, the Company will, in its sole and absolute discretion, utilize certain information collected by Company to assist in verifying the identity and/or eligibility of such Authorized Account Holder.
5. Conditions of Participation
By entering a Competition, entrants agree to be bound by these Terms of Use, Rules and the decisions of the Company, which shall be final and binding in all respects. The Company, at its sole discretion, may disqualify any entrant from a Competition, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct the Company deems to be improper, unfair or otherwise adverse to the operation of the Competition or is in any way detrimental to other entrants. Improper conduct includes, but is not limited to: any violation of the Rules or conditions of participation in a particular Competition or these Terms of Use; falsifying any information submitted to the Company; engaging in any type of financial fraud or misrepresentation; engaging in syndicate play or collusion; obtaining other entrants information and spamming other entrants; abusing or tampering with the Service or the Company’s computer programs or security measures associated with the Service.
Entrants further acknowledge that the forfeiture and/or return of any prize shall in no way prevent Company from pursuing criminal or civil proceedings in connection with such conduct.
The Company is not responsible for: any incorrect, incomplete, illegible, misdirected, stolen, invalid or inaccurate entries or entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions, defects, or damage of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software, including without limitation any injury or damage to any entrant's or any other person's computer or video equipment relating to or resulting from participation in a Competition; inability to access the Service, or any web pages that are part of or related to the Service; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind.
Authorized Account Holders may receive certain commercial communications from the Company. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to info@paydaygolf.com. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
If for any reason a Competition is not capable of running as originally planned, or if a Competition, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Competition in accordance with the Terms of Use and applicable Rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Company corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Competition, the Company reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Competition, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Service.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY COMPETITION IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, COMPANY RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Where legal, Authorized Account Holders consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any Competition or the Service. Winners agree that from the date of notification by Company of their status as a potential winner and continuing until such time when Company informs them that they no longer need to do so that they will make themselves available to Company for publicity, advertising, and promotion activities.
Company reserves the right to move entrants from the Competition they have entered to substantially similar Competition in certain situations determined by Company in its sole discretion.
6. Entries
All competitions have an entry fee listed in US dollars in the Rules for each Competition. When Authorized Account Holders opt to participate in a competition, that amount in US dollars will be charged to the payment method chosen by the Authorized Account Holder. The Company allows for entries to be purchased through in-app payment methods offered by Apple and the Android systems, in which case settlement for payment is done through the owner/operator of those networks. The Authorized Account Holder may also pre-purchase entries through the Company web site by providing a valid payment method on the payments page associated with their account on the Company’s web site. Authorized Account Holders may also use any winnings that have been deposited in their account to purchase new entries conditioned on having sufficient funds available. All entries become the property of the Company.
7. Results
Competition results and prize calculations are based on the final statistics and scoring results at the closing time of the Competition. Once Competition results are reviewed and graded, prizes are awarded. The scoring results of a Competition will not be changed except in Company’s sole discretion.
The Company reserves the right, in its sole and absolute discretion, to deny any contestant the ability to participate in Competitions for any reason whatsoever. Further, the Company may, in its sole and absolute discretion, invalidate any individual’s participation in a Competition for the purposes of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity.
8. Prizes
The players in each Competition who comply with eligibility requirements and applicable rules will win prizes as set out in the Rules. The Company will make its best effort to post the tentative assignment of prizes from the purse associated with any given Competition the day following the completion of the Competition, but results are not official until final verification by the company. Verifying player eligibility may take up to 3 business days following completion of the Competition. Funds will be made available to winning players the day after the results become official. In the event of a tie, the prize is divided evenly between the tied players, unless otherwise specified.
The Company may offer a number of different types of Competitions. For each Competition, we announce the entry fees and prizes in advance in the Rules.
Prize calculations are based on the results as of the time when official scoring is tabulated by the Company. Once official winners are announced by the Company, the scoring results will not be changed, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our stats provider or in our calculation of results. We also may make adjustments in the event of noncompliance with the Terms of Use and Rules. The Company has no obligation to delay the awarding of a prize in anticipation of any adjustment, and we reserve the right to reverse payments in the event of any adjustment. You agree to cooperate with our efforts to reverse payments.
No substitution or transfer of prizes is permitted, except that the Company reserves the right to substitute a prize of equal value or greater if the advertised prize is unavailable. All prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose). All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the Competition is challenged by any legal authority, the Company reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of the winner of a Competition, the Company is the sole judge and its actions are final and binding.
9. Claiming Prizes
Authorized Account Holders may withdraw their cash prize awards as well as any available funds in their account by using the "Withdrawal" option on the Company website. Authorized Account Holders may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification including but not limited to a Driver's License, Proof of Residence, and/or any information relating to payment/deposit accounts as reasonably requested by the Company in order to complete the withdrawal of prizes. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with the Terms of Use and Rules in any manner.
Checks for withdrawal requests are processed within 14 business days, and are sent via U.S. Mail. Promotional deposits, credits, and other bonuses may not be withdrawn from the account unless otherwise approved by the Company.
10. Taxation
Authorized Account Holders who have won $600 or more (net of all entry fees) over the previous year must provide updated address and social security details to the Company prior to January 15 of every year at the Company website or mail to 5795 S. Sandhill Rd., Suite F, Las Vegas, NV 89120-2558. These details will be used to file a 1099-MISC with the Internal Revenue Service.
11. Termination
In addition to any other legal or equitable remedy, the Company may, without prior notice, immediately revoke any and all of the rights granted Authorized Account Holders hereunder. In such event, you will immediately cease all access to and use of the Service. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of the Terms of Use and Rules that are capable of enforcement after termination shall survive termination.
12. User Content
You understand that all Content made available on the Service by Authorized Account Holders (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not the Company, are entirely responsible for all User Content that you upload post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will the Company be liable in any way for any User Content.
You acknowledge that the Company may or may not pre-screen User Content, but that the Company and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, the Company and its designees shall have the right to remove any User Content that violates these Terms of Use and Rules or is otherwise objectionable in the Company’s sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.
With respect to User Content you submit or otherwise make available on or to the Service, you grant the Company an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Service. The Company reserves the right, but has no obligation, to monitor disputes between you and other users.
13. Intellectual Property
All title, ownership and intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) in and to the Service are owned by the Company or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by the Company, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.
14. Indemnity
Authorized Account Holders agree to release and to indemnify, defend and hold harmless the Company and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of these Terms of Use and Rules, your participation in the Competition, your receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. The Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Company in the defense of such matter.
15. Warranty Disclaimers
THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVECE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE SERVICE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE SERVICE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SERVICE; (D) THE MESSAGES AND INFORMATION SENT FROM THE SERVICE BY USERS; (E) ANY PRODUCTS OR SERVICE OFFERED VIA THE SERVICE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE OR ANY LINKED SITE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE, ANY OF THE SERVICE FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE OR THE CONTENT. FURTHER, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
16. Limitation on Liability
YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEBSITE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. 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 SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, 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. YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY'S 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 WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEBSITE OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
17. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Our Customer Support Department is available via the web to address any concerns you may have regarding the Service. Our Customer Support Department is able to resolve most concerns quickly to our players’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration
If the parties do not reach an agreed upon solution within a period of 30 days from the time the Customer Support Department is first contacted to resolve a dispute, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, any and all claims or disputes arising out of or relating to these Terms of Use (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. In agreeing to arbitrate all claims, you and the Company waive all rights to a trial by jury in any action or proceeding involving any claim. The arbitration shall be held in Clark County, Nevada, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of Nevada. The arbitrator shall not have authority to award punitive damages.
For any claims that are not subject to arbitration: (a) the exclusive jurisdiction and venue for proceedings involving claims shall be the courts of competent jurisdiction in Las Vegas, Nevada (“Forum”), and the parties hereby waive any jurisdictional and venue defenses; (b) you and the Company waive any and all rights to trial by jury with respect to any claims.
In the event that either party initiates a proceeding involving any claim other than an arbitration in accordance with this Section, or initiates a proceeding involving a claim under this Section other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this Agreement to arbitrate and the Forum to which the parties have herein agreed.
Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights. Either party may also seek relief in a small claims court for disputes or claims that fall within the scope of that court’s jurisdiction.
30-Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: GolfESP LLC, 5795 S. Sandhill Rd., Suite F, and Las Vegas, NV 89120-2558. The notice must be sent within 30 days of 01/01/2015 or your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, the Company also will not be bound by them.
The Terms and the relationship between you and the Company shall be governed by the laws of the State of Nevada without regard to conflict of law provisions.
18. Entire Agreement
These Terms of Use (and any additional terms, rules and conditions of participation in particular Competitions that the Company may post on the Service) constitute the entire agreement between you and the Company with respect to the Service and supersedes any prior agreements, oral or written, between you and the Company. In the event of a conflict between these Terms of Use and the additional terms, rules and conditions of participation in particular Competitions, the latter will prevail over the Terms of Use to the extent of the conflict.
19. Waiver and Severability of Terms
The failure of the Company to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.
20. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
