Terms of Service

LEGEND GOLF CO WEBSITE TERMS OF USE

 

Welcome to Legend Golf Co! JMF Enterprises, LLC (“Legend Golf Co” or “Company”) is the developer and operator of the website www.LegendGolf.co (the “Site”).  Please read these Terms of Use fully and carefully before using the Site and the services, features, content, applications, or products (collectively, the “Services”) offered by Backspin Bag.  These Terms of Use create a legally binding agreement for your use of the Site. These Terms of Service include all “Content,” which includes, but is not limited to information, data, text, photographs, videos, audio clips, software, scripts, written posts and comments, graphics, and interactive features provided for use or otherwise accessible for the Services on the Site.

 1. ACCEPTANCE OF TERMS OF USE.

 A. By registering and/or using the Services on this Site in any manner, including, accessing, visiting, browsing or using this Site, you acknowledge and agree that you are at least 13 years old or older, and a person that has not been suspended or removed by Legend Golf Co for any reason.  If you are minor under 13 years old, you must obtain consent of your parent or legal guardian to use the Site.  By using the Site, you acknowledge and agree that have read, understood, and agree to these Terms of Use, and all other operating rules, policies, and procedures published on this Site by Legend Golf Co.

B. Legend Golf Co reserves the right to revise these Terms of Use at any time without notice to you. Your use of the Site and Services constitutes your acceptance to these Terms of Use and any changes or modifications to such.  Backspin Bag may change, suspend, discontinue, add, supplement, or modify any aspect of the Site, Services, or Content without notice to you.

C. Your use of these Terms of Use is a further agreement to the Legend Golf Co Privacy Policy, (the “Privacy Policy”), which is incorporated herein by reference.

D. By using this Site or Services, you agree to the Arbitration Notice and Class Action Waiver, which provides: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

2. USE LICENSE.  Subject to these Terms of Use, we grant you a personal, limited, non-transferable, and non-exclusive license to use the Site, and access the Content, but solely for the purposes of using the Services. You may not otherwise copy, modify, or distribute the contents of this Site without the prior written consent of Legend Golf Co. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the Content found on the Site, in whole or in part. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site, and are responsible for the consequences of such communications. Any other use of the Site, Services, or Content requires the prior written consent of Legend Golf Co.

 

RULES OF CONDUCT.

A.         As a condition to your use of the Site and/or Services, you agree that you will not post, communicate or transmit any material that infringes on any intellectual property, publicity or privacy right of another person or entity;

B.          As a condition to your use of the Site and/or Services, you agree that you will not post any information which is untrue, inaccurate or not your own;

C.         As a condition to your use of the Site and/or Services, you agree that you will not engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;

D.         As a condition to your use of the Site and/or Services, you agree that you will not attempting to interfere in any way with the Site or Services, Backspin Bag’s network security, or attempt to use the Site to gain unauthorized access to any other computer system; and

E.         As a condition to your use of the Site and/or Services, you agree that you will not, you agree that you will not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site.  Further, you agree to not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without the prior written consent of Legend Golf Co.

F.         Legend Golf Co reserves the right to read, access, maintain, preserve, and/or disclose any information that it believes is necessary to comply with any law, regulation, lawsuit, or governmental request, or to enforce these Terms of Use, or to detect, prevent, or otherwise remedy and fraud, security, or technical issues, or to protect the rights, property, and/or safety of Backspin Bag, other users of the Site and/or Services, and the public.

 

  • AVAILABILITY.  Legend Golf Co does not guarantee that any Content or Services made available on this Site will remain or continue to be available on this Site.  Legend Golf Co may, at its sole and absolute discretion, remove, edit, or modify any Content, at any time, without notice to you, and for any reason it determines.

 

  • REGISTRATION AND PASSWORDS.  To sign up for the Services on the Site and become a “Member,” as defined in the Giveaway Rules, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You may not select or use as a username the name of another person with the intent to impersonate that person, or use such name that infringes on any right of Legend Golf Co or any third party, and further, such username shall not be offensive, vulgar, or obscene.  You are solely responsible for any activity or purchases made through your registration.  You may not use another person’s or entity’s account or registration information for the Services without written authorization from such person and Legend Golf Co.  You must notify us of any change in your eligibility to use the Site or the Services.  You should not publish or cause to be published, or distribute registration login information.  Legend Golf Co reserves the right to suspend, terminate, and/or delete your account or registration at any time for any violation of these Terms of Use, without notice to you.

 

6.          NOTICE OF CONTENT OWNERSHIP.  The Services contain Content that may be provided by Legend Golf Co, its partners, affiliates, subsidiaries, or other third parties, and such Content is protected by trademarks, copyrights, service marks, trade secrets, patents, and/or other proprietary rights and law.  You may not use such Content in any matter that infringes upon any right of Legend Golf Co or any other third party.  You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. Legend Golf Co and the Legend Golf logo are registered trademarks.  All other trademarks are the property of their respective owners. All of the Site's Content is copyrighted by JMF Enterprises, Inc. All rights reserved. Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms of Use are reserved by Legend Golf Co.

 

7.         TRANSACTIONS.

 

A.          Members may purchase product(s) or Services available on the Site (“Transaction”), upon which Members will be asked to supply certain information relevant to the Transaction including, but not limited to, credit card number, the expiration date of the credit card, the Member’s billing address, and shipping information. Any Member that enters into a Transaction on the Site represents and warrants that he/she has the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. By submitting such information, the Member grants to Legend Golf Co the right to provide such information to third parties for purposes of facilitating the completion of the purchase.  Verification of information may be required prior to the acknowledgment or completion of any purchase.

 

B.         All Content and/or Services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site.  By placing an order, you represent that the products ordered will be used only in a lawful manner. Legend Golf Co reserves the right, with or without prior notice, to do any of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or Service.

8.          BILLING AND RECURRING BILLING

 

A.         Some of the Services offered on the Site, including the purchase of any products, whether on a one-time basis, or on a reoccurring basis, may be subject to payments now or in the future (the “Paid Services”).  Any disclosures provided to you during the sign up stage on the Website, or during a Transaction are incorporated into these Terms of Use by reference.

 

B.         For any Paid Services, Legend Golf Co uses a third-party processor (“Processor”) to bill you through a payment account connected to a Member’s registration account (“Billing Account”). The processing of payments will be subject to these Terms of Use, as well as all terms, conditions, and privacy notices of the Processor.  Legend Golf Co is not responsible for errors or mistakes by the Processor.  By entering into a Transaction for Paid Services, the Member that he/she is entering into a binding contract with Legend Golf Co and agrees to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges, and the Member agrees to authorize Legend Golf Co to process such payments through the Processor. In addition, you remain responsible for any taxes that may be applicable to your Transactions.  While not obligated to do so, Legend Golf Co may correct any errors by the Processor even if it has requested or received payment.

 

C.  The Member that enters into a Transaction for Paid Services agrees that the terms of payment for the Transaction are based upon the agreements between the Member and his/her respective financial institution, credit card issuer, or other provider.  If Backspin Bag does not receive payment for the Transaction for Paid Services through the Processor, the Member agrees to pay all amounts due on by the Member for any Paid Services.

 

D.  THE PAID SERVICES OFFERED ON THE SITE, SUCH AS MONTH-TO-MONTH, OR ANY PREPAID MEMBERSHIP, CONSIST OF AN INITIAL PERIOD OF MEMBERSHIP, FOR WHICH THERE IS A ONE-TIME CHARGE, FOLLOWED BY RECURRING PERIOD CHARGES AS AGREED TO BY YOU (“MEMBERSHIP PLAN”).  YOU HAVE THE OPTION OF SELECTING EITHER A MONTH-TO-MONTH MEMBERSHIP PLAN, OR A PREPAID MEMBERSHIP PLAN OVER A 3, 6, OR 12 MONTH PERIOD.  EACH MEMBERSHIP PLAN IS A RECURRING PLAN.  THE MEMBER ACKNOWLEDGES AND AGREES THAT SUCH PAID SERVICES HAVE AN INITIAL AND RECURRING PAYMENT FEATURE, AND ACCEPTS RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION.  ALL RECURRING PAYMENTS ARE EARNED UPON PAYMENT.  THE MEMBER’S MEMBERSHIP PLAN WILL BE AUTOMATICALLY RENEWED FOR SUCCESSIVE PERIODS EQUAL TO THE MEMBERSHIP PLAN PURCHASED, SUCH AS A MONTH-TO MONTH MEMBERSHIP PLAN, OR A PREPAID MEMBERSHIP PLAN. THE MEMBER’S PAYMENT METHOD WILL AUTOMATICALLY BE CHARGED FOR EACH SUCCESSIVE MEMBERSHIP PLAN AT THE THEN-CURRENT SUBSCRIPTION RATE FOR THE MEMBERSHIP PLAN PURCHASED UNTIL THE MEMBER CANCELS THE RENEWAL OF YOUR MEMBERSHIP PLAN.

 

E.          UNLESS THE MEMBER CANCELS THE MEMBERSHIP PLAN PRIOR TO THE TIME OF BILLING FOR A TRANSACTION, WHICH CAN BE DONE BY EMAILING SUPPORT@LEGENDGOLF.CO OR VIA THE CUSTOMER’S ACCOUNT PORTAL AT LEGENDGOLF.CO, THE MEMBER’S PAYMENT METHOD WILL AUTOMATICALLY BE CHARGED FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE PURCHASED MEMBERSHIP PLAN. THE MEMBER AGREES THAT LEGEND GOLF CO MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY OR IN ACCORDANCE WITH THE TERM OF YOUR PREPAID MEMBERSHIP PLAN) TO THE MEMBER’S CHOSEN PAYMENT METHOD WITHOUT FURTHER AUTHORIZATION FROM THE MEMBER, UNTIL THE MEMBER PROVIDES PRIOR NOTICE THAT HE/SHE WISHES TO TERMINATE THIS AUTHORIZATION OR TO CHANGE THE PAYMENT METHOD. THE MEMBER AGREES THAT SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE BACKSPIN BAG REASONABLY COULD ACT.  THE MEMBER’S NON-TERMINATION OR CONTINUED USE OF A PAID SERVICE REAFFIRMS THAT LEGEND GOLF CO IS AUTHORIZED TO CHARGE THE MEMBER’S PAYMENT METHOD FOR THAT PAID SERVICE.  A MEMBER’S CHARGES MAY BECOME PAYABLE IN ADVANCE, IN ARREARS, PER USAGE, OR AS OTHERWISE DESCRIBED WHEN THE MEMBER INITIALLY PURCHASED THE MEMBERSHIP PLAN.

 

F.         Any Member that enters into a Transaction must provide current, complete, and accurate information for the Member’s billing account on the Site.  The Member must promptly update all information to keep the billing account current, complete, and accurate.  The Member must notify Legend Golf Co of any potential breach of security, such as the unauthorized use of any payment device, or the unauthorized disclosed or use of the Member’s username or password.  Changes to such information must be made at the Site.  If the Member fails to provide such updated information for any Transaction, whether a single transaction or a reoccurring transaction, the Member agrees that Legend Golf Co may continue to charge the Member for any Services purchased unless the Member has Terminated his/her account, or has cancelled their membership.

 

G.         Legend Golf Co reserves the right to revoke a Membership Plan at any time as a result of violation of these Terms of Use or the Privacy Policy.

 

H.         All sales are final with no refunds, returns or exchanges given once a subscription shipment has been shipped. Renewals must be cancelled prior to the 24th of each month.

 

9.          GIFT SUBSCRIPTIONS.  A Membership Plan may be gifted to another person (“Gift Membership Plan”).  Such Gift Membership Plans are subject to these Terms of Use, and the person gifting such Gift Membership Plan shall be bound and responsible for all costs, expenses, for any one-time transaction or recurring Membership Plans.

 

10.          PRODUCT INFORMATION; LIMITATION ON QUANTITIES.  Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which Legend Golf Co may correct without liability.  Legend Golf Co also reserves the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). Legend Golf Co does not guarantee that all products described on the Site will be available.

 

11.         CONTRIBUTED CONTENT GUIDELINES.  By submitting or posting any materials or content on the Site, you grant Legend Golf Co a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Legend Golf Co the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Legend Golf Co will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you. All contributed content is subject to these Terms of Use, which include Legend Golf Co’s policy regarding copyright infringement.  Legend Golf Co reserves the right not to post your for any reason as determined in the sole and absolute discretion of Legend Golf Co.

 

12.         GENERAL DISCLAIMERS.  You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALL CONTENT, MERCHANDISE, PAID SERVICES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, LEGEND GOLF CO DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Legend Golf Co makes no warranties of any kind regarding any non-Legend Golf Co sites to which you may be directed or hyperlinked from this Site.  Hyperlinks are included solely for your convenience, and Legend Golf Co makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Legend Golf Co sites. Legend Golf Co does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site or the App.

 

13.         TAXES.  Your total price for Paid Services will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. Legend Golf Co will charge tax only in states where the goods sold over the internet are taxable.

 

14.         INDEMNIFICATION. You agree to indemnify, hold harmless, and defend Legend Golf Co, its parent, subsidiaries, divisions, and affiliates, employees, assigns, and their respective officers, directors, employees, agents, assigns, and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of these Terms or the Privacy Policy, defamatory or infringing content posted to the Site by you, or your violation of any law or the rights of a third party.

 

15.         LIMITATION OF LIABILITY. EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF Backspin Bag, IN NO EVENT SHALL LEGEND GOLF CO, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, EMPLOYEES, ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, ASSIGNS, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EVEN IF LEGEND GOLF CO HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF LEGEND GOLF CO, IN NO EVENT SHALL THE TOTAL LIABILITY OF LEGEND GOLF CO, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE EXCEED THE AMOUNT YOU PAID TO LEGEND GOLF CO IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all Content, Paid Services, Membership Plans, and merchandise available through the Site.

 

16.         INTERNATIONAL USE. Legend Golf Co controls and operates the Site from the United States. Legend Golf Co makes no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

17.         RISK OF LOSS. Any merchandise purchased from Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to the carrier and you upon Legend Golf Co’s delivery to the carrier.

 

18.         WAIVER; REMEDIES.  The failure of Legend Golf Co to partially or fully exercise any rights or the waiver of Legend Golf Co of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by Legend Golf Co or be deemed a waiver by Legend Golf Co of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Legend Golf Co under these Terms of Use and any other applicable agreement between you and Legend Golf Co shall be cumulative, and the exercise of any such right or remedy shall not limit Legend Golf Co’s right to exercise any other right or remedy.

 

21.         GOVERNING LAW. The laws of the State of Texas shall govern these Terms of Use without regard to conflict of laws provisions.

 

 

22.         DISPUTES; ARBITRATION.

 

A.         Any dispute relating in any way to your visit to, or use of the Site to the products you purchase through the Site (including a Membership Plan), or to your relationship to Legend Golf Co shall be submitted to confidential arbitration in Dallas, TX; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, or other jurisdiction as determined by Legend Golf Co. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms of Use will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to this Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Site or these Terms of Use must be filed within one (1) year after such claim of action arose or be forever banned.

 

B.          YOU AND LEGEND GOLF CO AGREE THAT EACH MAY ONLY 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. Further, unless both you and Legend Golf Co agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

 

23.         REFERRAL SYSTEM.  To qualify for Legend Points, you can refer new customers to Legend Golf Co. Legend Golf Co’s policy is to provide you with 500 "Legend Points" for each referred NEW member. A "referred member" is defined as a new customer to Legend Golf Co, and who purchases a Membership Plan through your referral link, and who has never previously purchased a Membership Plan for him/herself or as a Gift Membership Plan. You and your friend will both receive 500 points which can be used as a credit for your future renewals. 500 points are worth $10 in renewal credits on future renewals. Points are NOT redeemable for cash and have no value outside of LegendGolf.co. Points are forfeited upon your cancellation of membership and are not transferrable.

 

24.          WINNING MEMBERS. Any Member of Legend Golf Co who wins the Legend Golf Co Member Giveaway, as detailed in the Official Rules for such giveaway/sweepstakes, is subject to public acknowledgement of receipt of prize(s). You agree that if you win the Legend Golf Co Member Giveaway, Legend Golf Co may publicly tag you in posts on Twitter, Facebook and Instagram announcing you, personally and by name, as the winner.  Upon receipt of the Grand Prize, as defined in the Official Rules, you agree to post a photo of the package and its' contents to either Facebook or Instagram or both and tag Legend Golf Co's official business in the post.

 

25.         HEADINGS.  The Section and paragraph headings in these Terms of Use are for convenience only and shall not affect the interpretation of these Terms of Use.

 

26.        CONTACT.  You may contact Legend Golf Co at support@legendgolf.co

 

27.        SMS AND AUTO DIALED CALLS.  

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Legend Golf Co (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at jason@legendgolf.co. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in ROCKWALL, Texas before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Legend Golf Co’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

 

28.        EMAIL COMMUNICATION.  By filling out a Legend Golf Co profile, *including filling out any person information*, you opt in to Legend Golf Co occasionally sending you newsletters and emails regarding special offers, promotions, features and/or product updates as well as general marketing emails. We may also communicate with you on behalf of third parties about special offers, promotions, features and/or product updates we think may be of interest to you, or you may have opted-in to receive newsletters or special promotions from one of our trusted third party providers. If you decide you do not wish to receive these communications, you may opt-out by clicking the unsubscribe link or by following the instructions included in the communication. *Note, however, that as a user of our Services* you cannot opt-out of some administrative communications that are reasonably necessary to the Services, such as billing, *subscription,* or service notifications. You may also opt-out of certain targeted advertising by emailing support@legendgolf.co.  

 

27.         EFFECTIVE DATE OF TERMS OF USE: NOVEMBER 11,2020.