Terms and Conditions
Thank you for considering DoGolf.com, LLC (“DoGolf”, “us”, “we”, “our”) as your go-to daily deal golf provider. We appreciate your business. Below are the legal terms (the “Terms”) that govern our relationship with you (the “Agreement”). Please read them carefully and let us know if you have any questions or concerns.
User Acceptance of Terms:
You, whether an individual, company or other organization, in accessing and visiting the site (the “Site”), expressly agree to be bound by our Privacy Policy and the Terms herein, and to follow these Terms, along with those terms applicable deal-by-deal, and all applicable laws and regulations governing the Site. These Terms, as amended from time to time with or without notice to you, shall be applicable on each use of the Site or as the result of your personal, company or organization cause to access the Site. If you are not in agreement with any of our Terms and Conditions or our Privacy Policy, please immediately stop accessing our site and refrain from acting on any services we offer.
Site Use:
The Site offers services by DoGolf on behalf of merchants (“Merchants”) for discounts on their goods and services in the form of vouchers, certificates or products. The goods and services may only be purchased by account holders. To use this site you agree that (i) you are an individual person of at least 18 years of age; (ii) you created an account only for your personal use; (iii) you comply with the terms of each deal; (iv) you will only make legitimate purchases; (v) you possess the authority to create a legal obligation; and (vi) you have the right to provide the information you list in your account and when using DoGolf’s services. You shall not use this Site for any unlawful purpose. Strictly prohibited actions include transmitting material: (i) that is unlawful, obscene, vulgar, defamatory, abusive, threatening, profane, invasive of privacy or publicity rights, or otherwise objectionable; (ii) that violates or infringes upon the rights of others in any way; (iii) that encourages others to commit unlawful acts; (iv) that contains advertising, publicity, or solicitation for a product or services that did not receive prior approval from DoGolf; and (v) that inhibits other users from using or enjoying the Site.
User Data and Details:
As a user, you agree to communicate accurate, up to date registration information. If requested, additional user details (such as contact information, identification, and payment details) shall be communicated truthfully. You may only create one account and your account is non-transferrable and may not be sold or shared with any other person. If you violate any limitations your forfeit the right to use DoGolf, redeem or receive any of the vouchers in your account, and we reserve the right to terminate your account. If fraud is committed or information in falsified we have the right to seek legal action. Should select portions of the Site require mandatory age metrics, you accept that you do indeed meet such an age. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. If you become aware of any unauthorized use of your password or of your account, you agree to notify DoGolf immediately at support@dogolf.com.
Licensing:
User submitted content and/or communication on or through this Site shall grant DoGolf a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. You additionally warrant that you possess all legal, moral, and other rights necessary to grant DoGolf the licensing rights specified herein, and acknowledge and agree that DoGolf will have the right (but not obligation), at DoGolf’s entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
Electronic Communications:
As a result of your registration, Site visitation, or other form of communication, you consent to receiving electronic and other (telephone, text message, U.S. mail and other forms now known or later developed) correspondence about account activity and purchases, as well as Site updates and promotional offers. You may opt-out at anytime by clicking the unsubscribe link on any electronic correspondence.
Deal Terms and Conditions:
A deal (a “Deal”) published on this Site shall have its own deal terms (the “Deal Terms”) presented at purchase. Such Deal Terms will replace contradictory terms herein, except to the extent such terms are a violation of applicable law. Deals may only be purchased by DoGolf account holders.
Vouchers:
Purchasing a voucher (a “Voucher”) for goods and service from a Merchant through DoGolf represents your offer to purchase said Voucher subject to both the Deal Terms and the Terms herein. Such Vouchers are promotional tools published on DoGolf, sold to you to redeem directly through the Merchant or through DoGolf or one of its affiliates. The Merchant is the seller of goods and services and is wholly responsible for redemption of Vouchers published on this Site. However, from time to time, DoGolf may offer product deals for which it is responsible for distributing hard goods. By purchasing a Deal, a customer acquires the right to print a Voucher issued by the participating Merchant and to use the Voucher according to the Deal Terms and the Terms of this Agreement. Once a minimum threshold of the number of Deals purchased is reached, you will receive a confirmation of the Deal and your credit card will be charged for the amount of the Deal. Redemption access to a Voucher will also be sent to you by electronic mail.
Voucher Prices:
The price for a Voucher is stated in U.S. dollars. The price for a Deal will include additional costs, such as taxes, surcharges, shipping, and handling. DoGolf ships products within the contiguous United States only. The Company does not currently support international shipping or shipping to Alaska or Hawaii. Vouchers not redeemable for products incur no inherent shipping cost.
Voucher Restrictions:
You understand and agree: (i) Vouchers shall have no cash redemption value, except where required by law; (ii) Vouchers cannot be redeemed alongside or combined with other coupons, discounts or promotions, except as noted within the Deal Terms; (iii) DoGolf does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person; (iv) Voucher redemption for any type of alcoholic beverage shall be at the sole discretion of the Merchant, with limitations per state and local laws; (v) this Site may be accessible in particular geographic areas currently without available Voucher sales; (vi) Unless otherwise noted, Voucher price does not include sales, value added or use taxes, which may be charged separately by Merchant; (vii) Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable; (viii) Vouchers must be redeemed in one visit or purchase, unless otherwise stated in the Deal Terms; (ix) Voucher use is subject to Merchant availability when operational; (x) you may gift Vouchers to third parties; and (xi) Voucher is not valid until the day following issuance, unless otherwise stated in the Deal Terms.
Voucher Refunds:
DoGolf will provide a refund of the purchase price paid by you for any Deal within five (5) days after the purchase of a Voucher, provided that the Voucher has not yet been redeemed. After five days, we do not provide refunds except that we will provide a refund if you are unable to redeem a Voucher before the applicable expiration of the Voucher because the relevant Merchant has gone out of business. Refunds may take up to fifteen (15) days to process. Need a refund or have a question? Please email DoGolf at support@dogolf.com.
Voucher Expiration:
Expiration date is clearly printed in the Deal Terms and displayed on the Voucher itself. If you have an expired Voucher and would like to redeem it for the price you paid to acquire it, please contact the Merchant, as applicable law may require such redemptions by Merchants. According to applicable law, the Merchant may be responsible for allowing you to redeem your Voucher for the purchase price that you paid for your Voucher up until the greater of the Voucher’s expiration date, or the minimum length of time allowed by applicable law for a Voucher to expire. The expiration date on the Voucher dictates the last date that you can use your Voucher with Merchant for the promotional offer stated on the Site, however you should be allowed to redeem the cash value of your Voucher from the Merchant for a period of time that extends beyond the expiration date on the Voucher.
Voucher Liability:
DoGolf, its agents, employees, independent contractors, directors and officers are released from liabilities, damages, claims, or injury related to any omission or act of Merchant in connection with a Voucher or the goods or services provided in connection with a Voucher including how it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Vouchers or any portion thereof. Merchant is wholly responsible for damages, claims, liabilities, expenses, injuries and illnesses caused in whole or in part by the Merchant, and suffered by a customer, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions of Vouchers. DoGolf functions solely as a promotional agent for the Merchant Voucher published on the Site.
Contest Rules:
CONTESTS OFFERED ONLY IN THE CONTIGUOUS UNITED STATES AND DISTRICT OF COLUMBIA (“U.S.”) AND OPEN ONLY TO LEGAL U.S. RESIDENTS WHO ARE 18 YEARS OF AGE OR OLDER.
ENTRY – To enter on the DoGolf website, you must click the Enter Now button and input your personal information as if you were purchasing a typical voucher. The contest begins on the date the deal is posted and will end when the ticker expires. The contest winner will be announced when possible and permitted. Each participant is limited to one contest entry. Once submitted, entries become the exclusive property of DoGolf and will not be returned.
From time to time, DoGolf may post contests on third party sites. Where applicable, DoGolf maintains the standard contest rules set by third party site operators. When unavailable externally, DoGolf’s internal Contest Rules apply.
ELIGIBILITY – Contests are only open to residents of the Contiguous United States and the District of Columbia, who are 18 years of age or older at the time of entry.
DRAWING – DoGolf will select winner or winners from all eligible entries in a random drawing. The drawing will take place using a third-party online vendor that can be visited by the general public. Further information regarding the drawing structure may be requested by contacting DoGolf. Potential winner may be notified by e-mail and announced by other means. If any prize notification is returned as undeliverable, winner is ineligible, or if winner does not respond to notification within five (5) days of sent notification, prize will be forfeited and an alternate winner will be selected. Except where prohibited by law, potential winner may be required to complete, sign and return a notarized Affidavit of Eligibility/Ownership/Liability Release and Publicity Release (the “Affidavit”). If notarized Affidavit is required, said form must be returned within twenty (20) days from the postmark date or time-stamp on the prize notification letter or prize may be forfeited and an alternate winner may be selected.
PRIZE/ODDS – DoGolf will award one or more Grand Prize(s). Grand Prize(s) may vary at DoGolf’s discretion but will consist of a prize that will be explicitly listed. Approximate retail value varies based on the item that is contested. DoGolf will determine specific prize components at its sole discretion. Odds of winning depend on the number of eligible entries received. Purchase will not increase your chances of winning. Winner is responsible for all taxes on prizes and expenses, including, without limitation, federal, state and local sales, and income taxes, luxury taxes and any other costs incurred in claiming or using the prize. Unclaimed prizes may not be awarded. No prize substitutions or cash equivalent of prize is permitted except at DoGolf’s sole discretion, and then only for a prize of equal or greater value. Prize will be delivered to winner’s residence.
GENERAL – Sweepstakes are subject to applicable federal, state and local laws. Entrants agree to be bound by these Rules and by the decisions of the judges, which are final and binding in all respects. By entering this Sweepstakes, entrants expressly acknowledge that these Official Rules have been drafted in the English language, and that any translation prepared for any reason will be of no legal effect and the English version of these Official Rules shall govern any dispute. By participating, contestant releases DoGolf.com LLC and their respective parents, affiliates, subsidiaries and agencies and their directors, officers, employees and agents from any and all liability for any injury, death, loss, tax liability or damage of any kind arising from contestant’s participation in this Sweepstakes, or resulting from entrant’s acceptance, possession, use or misuse of the prize. Except where prohibited by law, acceptance of the prize constitutes and signifies winner’s consent that DoGolf and/or its agents may use winner’s entry, name, address (city and state only), prize information, and/or likeness for promotional purposes in any media now existing or hereinafter devised, without additional compensation. (Tennessee residents need not consent to, or sign any, publicity release.) Subject to all federal, state and local laws and regulations. DoGolf is not responsible for: (1) late, delayed, incomplete, delayed, destroyed, garbled, or incomplete entries, (2) incorrect or inaccurate transcription of entry or story information; (3) any human error, technical malfunctions, or lost-delayed data transmission; (4) any omission, interruption, deletion, defect, or line failures of any telephone network, computer equipment, or software; or (5) inability to access any website or online service, or any other error or malfunction. DoGolf reserves the right to: (i) disqualify from this or any Sweepstakes it sponsors, now or in the future, any person it finds, in its sole discretion, has intentionally violated these Official Rules, tampered with the entry process, the operation of the Sweepstakes or Website, or any other aspect of this Sweepstakes; and (ii) cancel or suspend the Sweepstakes in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes beyond DoGolf’s control corrupt the administration, security, fairness, integrity, or proper play of the Sweepstakes. Information collected from contestants is subject to DoGolf’s Privacy Policy available on the Website.
MYSTERY BOX/GRAB BAG – Any form of Mystery Box or Grab Bag offering shall be construed as a form of Contest and governed by these Contest Rules.
WARNING – Any attempt by an entrant or any other person to deliberately damage the website or undermine the legitimate operation of this sweepstakes may be a violation of criminal and civil laws; and should such an attempt be made, sponsor reserves the right to seek remedies and damages (including attorneys’ fees) from any such entrant or other person to the fullest extent permitted by law, including seeking criminal prosecution.
Privacy Policy:
DoGolf incorporates its Privacy Policy as part of this Agreement.
Governing Law:
To ensure consistency in the interpretation and enforcement of this Agreement, this Agreement will be governed exclusively by California law and applicable United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction.
Arbitration; Venue for Dispute Resolution:
The parties shall attempt to resolve any disputes through good faith business negotiations. All disputes or claims arising out of or relating to this Agreement, or the breach thereof, whether in law or in equity, shall be settled by arbitration, to be conducted by a single arbitrator, in Los Angeles, California, in accordance with the then effective commercial rules of the American Arbitration Association. The costs of the arbitration and the reasonable attorneys’ fees of the prevailing party shall be included in any award rendered by the arbitrator. Judgment upon the award may be entered in any court having jurisdiction thereof. Neither party shall disclose the existence, content or result of any arbitration proceeding without the prior written consent of the other party. The prevailing party shall be awarded attorneys’ fees and expenses in connection with any such motion to enforce the arbitration award.
Entire Agreement:
This Agreement, together with the Privacy Policy and any other legal notices published by DoGolf on the Site, constitutes the entire agreement between you and DoGolf concerning the Vouchers, Agreement, and Site. DoGolf reserves the right to make changes to the Site, its policies, and this Agreement, with or without notice. Any communication or content submission by you shall serve as acceptance of such changes.
Site Use:
You shall not use this Site for any unlawful purpose. Strictly prohibited actions include transmitting material: (i) that is unlawful, obscene, vulgar, defamatory, abusive, threatening, profane, invasive of privacy or publicity rights, or otherwise objectionable; (ii) that violates or infringes upon the rights of others in any way; (iii) that encourages others to commit unlawful acts; (iv) that contains advertising, publicity, or solicitation for a product or services that did not receive prior approval from DoGolf; (v) that inhibits other users from using or enjoying the Site.
Severability:
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be modified to the extent necessary to be valid and enforceable, and all other provisions of this Agreement will remain in full force and effect.
Copyright:
All content and software on the Site is the property of DoGolf, affiliated companies, partners, or content suppliers. This includes, but is not limited to, all text, images, graphics, logos, designs and software code. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you received specific permission by DoGolf to do so. DoGolf is a trademark of DoGolf.com, LLC and all rights in respect of this trademark are hereby expressly reserved.
Service Disruption:
DoGolf shall not be responsible for any data lost while transmitting information on the Internet. At times, there may be service interruptions outside the control of DoGolf. The Site may be unavailable from time to time for any reason including, without limitation, routine maintenance.
Waiver:
The failure of DoGolf to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by DoGolf in writing.
Force Majeure:
At times, unforeseen circumstance outside our reasonable control prevent your Voucher from being sent or delivered as expected. These things are often referred to as “acts of God.” In those cases we will work with you to be sure you get your Voucher as soon as possible.
Limitation of Liability and Disclaimers:
DOGOLF.COM SHALL NOT BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THE PRODUCTS/SERVICES LISTED ON THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.. IN NO CASE SHALL DOGOLF BE LIABLE TO CUSTOMER, UNDER ANY THEORY OF LAW (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, FALSE INDUCEMENT, BREACH OF CONTRACT, PRODUCTS LIABILITY). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” USE OF THE SITE, ALONG WITH ITS SERVICES AND PRODUTS, SHALL BE AT YOUR OWN RISK. DOGOLF, TO THE FULL EXTENT PERMISSIBLE BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DOGOLF DOES NOT WARRENT THAT THIS SITE, SERVERS, OR EMAILS SENT FROM THE SITE OR ITS AFFIILITES AND PARTNERS ARE FREE OF HARMFUL COMPONENTS, SUCH AS VIRUSES.
Risk of Loss:
The risk of loss and title for Vouchers or products passed to you upon our delivery by electronic mail, or in certain circumstances, the carrier, such as FedEx, or the U.S. Postal Service, or other third party shipper.
Partnership:
You and DoGolf are independent contractors. Nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement.
Other Websites:
DoGolf.com may link to other websites. DoGolf does this only to convenience you. DoGolf does not endorse or warrant any of the content and materials on such websites. If you go to those websites, you do so at your own risk.
Indemnification:
You agree to indemnify, defend, and hold harmless DoGolf, its officers, directors, employees, agents, licensors and suppliers (collectively the “Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
Third-party Services and Products:
DoGolf may, from time to time, advertise or make available goods of third parties. Representations and warranties regarding such products and services shall be governed by policies made available by third parties themselves. DoGolf will not be held liable for any of your third party interactions.