Terms and Conditions
The following Terms and Conditions of Use (the "Terms of Use" or "Agreement") form a binding agreement between you ("you" or the "End User") and GroupGolfer LLC (“GroupGolfer”, “us”, “we”, “our”). By using this site (the "Site") or any GroupGolfer services, you agree to these terms and conditions of use as well as our privacy policy. If you do not wish to agree to these Terms and conditions of use, you must not use the Site or our services. The right to use this Site is personal to End User and is not transferable to any other person or entity. You may not access the Site or any GroupGolfer Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Site or any GroupGolfer Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
Service
GroupGolfer LLC operates an online Site that provides an interactive service offering vouchers for sale ("Vouchers") which may be exchanged for goods or services at third party Merchants ("Merchants").
Vouchers
When placing an order for a Voucher from a Merchant through the GroupGolfer Site, you are making an offer to purchase the Voucher according to the Terms and conditions stated herein. Vouchers are subject to the Terms and conditions of GroupGolfer and the participating Merchant. Vouchers obtained from the Site are promotional vouchers issued by participating merchants that may be purchased through GroupGolfer, and then exchanged for goods or services from the Merchant at the discount described in the Voucher. GroupGolfer is the seller of the Voucher that can be redeemed for goods or services from Merchant. The Merchant, not GroupGolfer, is the seller of the goods and services, and the issuer of the Voucher and the Merchant is solely responsible for redeeming Vouchers. In order to purchase a Voucher, you are required to create an account so that we may provide you with a way to modify your preferences, print your orders, view your previous purchases, and to ensure permissible use of the Voucher.
Voucher Limitations
Vouchers may not be redeemed incrementally and are redeemable on a one-time basis and in their entirety only, unless otherwise specified on the Site. Only one Voucher can be used per redemption unless otherwise specified by Merchant. Vouchers may not be applied to shipping or handling charges, taxes, tips or prior balances, unless permitted by the Merchant. Merchant may restrict or limit use of facilities (including carts and/or range balls) in accordance with applicable regulations or local conditions. If the Merchant is a restaurant, Voucher is valid for dine-in only unless otherwise stated on the Site. Unless otherwise required by law, the issuing of credit is at the sole discretion of the Merchant. Neither GroupGolfer nor the Merchant is responsible for lost or stolen Vouchers or Voucher’s reference number. Voucher cannot be combined with any other vouchers, coupons, promotions, or third-party certificates unless otherwise specified by Merchant. Sale, trade or reproduction of Vouchers is prohibited unless done so in compliance with applicable law. Any attempted redemption not consistent with these Terms and conditions will render the Voucher null and void to the extent prohibited by law. Use of Vouchers for alcoholic beverages is at the sole discretion of the Merchant and is subject to compliance with applicable law. If required by law, Vouchers redeemed for less than face value, will only entitle you to a credit or cash equal to the difference between the face value and the amount you redeemed from the Merchant. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed.
Release of Voucher Liability
When purchasing a Voucher, you agree to release GroupGolfer and its directors, officers, employees and agents from any 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. The Merchant is the seller of the goods or services described in Vouchers, and is the holder and issuer of Vouchers. Merchant is 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. Compliance with state statutes or codes is the responsibility of the Merchant. Vouchers may have statutory limitations on the amount of the Voucher value that can be redeemed for alcoholic beverages. Compliance with any relevant statute or code is solely the responsibility of the Merchant, and not GroupGolfer. GroupGolfer’s sole role in the transaction is as a marketing agent for the Merchant Voucher.
Refunds
Upon Request, GroupGolfer will refund the purchase price paid by you within five days after the purchase of a Voucher, provided that the Voucher has not yet been redeemed. GroupGolfer does not provide refunds after five days from purchase of a voucher. After five days from purchase of a voucher, any refunds are the sole responsibility of the Merchant.
Gift Cards
When placing an order for a Gift Card through the GroupGolfer Site, you are making an offer to purchase the Gift Card according to the Terms and Conditions stated herein. Gift Cards obtained from the Site are redeemable for in-site credits which are then used towards the purchase of goods or services from the Merchant at the discount described in the applicable offer. GroupGolfer is the seller of the Gift Cards that can be redeemed for in-site credits used for purchasing goods or services from Merchant. GroupGolfer is the seller and the issuer of the Gift Card, and therefore is solely responsible for redeeming Gift Cards for in-site credits. In order to purchase a Gift Card, you are required to create an account so that we may provide you with a way to modify your preferences, print your Gift Cards, view your previous purchases, and to ensure permissible use of the Gift Cards. Upon request, refunds may be provided for Gift Cards that were not redeemed or deposited into any Recipient user account in the amount of the original purchase. Gift Cards that are redeemed for in-site credits are not eligible for a refund, even if the deposited credits have not yet been used towards a purchase.
Expired Vouchers
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 at Merchant for the promotional offer stated on the GroupGolfer Site, however you should be allowed to redeem the cash value (or purchase price) of your Voucher from the Merchant for a period of time that extends beyond the expiration date on the Voucher.
Conditions of Use
You agree to comply with these Terms of Service. We have the right to determine whether any of your Content submissions are appropriate and comply with these Terms and Conditions, remove any and/or all of your submissions, and terminate your account with or without prior notice. You grant each GroupGolfer user a non-exclusive license to access the Content you submit through GroupGolfer and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted under these Terms and Conditions. You agree not to submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to GroupGolfer. You agree not to use the Site to transmit any material without GroupGolfer’s express prior, written approval, which contains advertising or any solicitation with respect to products or services. You shall not use our Site to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of the Site to become users of other on- or offline services directly or indirectly competitive or potentially competitive with GroupGolfer. You shall not use the communication systems provided by or contacts made on GroupGolfer for any commercial solicitation purposes. You are solely responsible for your Content submissions, including discussion posts, profile information and links, pictures, and other such content. You represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize GroupGolfer to use any and all Content submitted by you to GroupGolfer in accordance with the licenses granted in this Agreement. You are solely responsible for your User ID and the activity that occurs while signed in to or while using the GroupGolfer Site using your User ID. You agree to provide accurate information when creating an account or registering for our Services. You agree not to use GroupGolfer to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes. You agree not to copy or distribute any part of GroupGolfer in any medium without GroupGolfer prior written authorization. You must be 18 years of age or older to purchase any Deal.
User Conduct
End Users agree not to conduct or promote any illegal activities while using the Site or Services or to post any material or content which is unlawful, abusive, threatening, defamatory, invasive of privacy, obscene, vulgar or otherwise objectionable, or which encourages conduct that would give rise to civil liability, constitute a criminal offense, or otherwise violate any law. End User shall not post or transmit through this Site any material or content which violates or infringes in any way upon the rights of others. Any conduct by an End User that in GroupGolfer’s exclusive discretion restricts or inhibits any other End User from using or enjoying this Site is prohibited. Users agree not to upload, distribute or print anything that may be harmful to minors. Any attempt to reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site is prohibited. You agree not to attempt to gain access to secured portions of the Site or Services to which you do not possess access rights. Users shall not upload or transmit any form of virus, worm, Trojan horse, or other malicious code or use the Site or Services to generate unsolicited email advertisements or spam. It is prohibited for any User to impersonate another user, or to interfere in any way with the proper functioning of the Site and Services, or to use any automatic or manual process to search or harvest information from the Site or Service. The GroupGolfer Site is private property, and any and all interactions on it must comply with these Terms of Use. GroupGolfer has the right, but not the obligation, to monitor the content of the Site to determine compliance with this Agreement, as well as to satisfy any applicable law, regulation or authorized government request.
Site Modifications
GroupGolfer may change or discontinue the Site or any of the Services at any time without prior notice. Further, we shall have the right at any time to change or discontinue any feature or aspect of the Site.
Service Interruptions
Although the Internet is often a secure environment, User acknowledges that sometimes there are interruptions in service or events that are beyond the control of GroupGolfer. GroupGolfer shall not be responsible for any data lost while transmitting information on the Internet. The Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. User understands and acknowledges that access to the Site may be interrupted, suspended or terminated from time to time due to circumstances both within and outside of the control of GroupGolfer.
Privacy and Non-Confidentiality
Please refer to our Privacy Policy as it explains how we collect, use and disclose information that pertains to your privacy. Our Privacy Policy forms par of our agreement with you and is incorporated in this Agreement by reference.
Credit card and other such information that you provide to us in connection with the purchase of a Voucher, is maintained with appropriate privacy and security protections. You understand that information that you submit to the Site including discussion postings, comments and opinions is not subject to any confidentiality obligation and is submitted with the understanding that it will be disclosed on our Site to other Users. You agree that any communications you have with us in which you offer suggestions or comments for modifying or improving our Site or Services is non-confidential, and such information may be used by us without any limitation. You agree that information other than your credit card information, provided to us in connection with the purchase of a Voucher, may be disclosed to the Merchant. GroupGolfer does not control or endorse the content, messages or information posted by Users, and, therefore, GroupGolfer specifically disclaims any liability concerning the postings of Users and any actions resulting from End Users’ use of the Site, including any objectionable content posted by Users.
Links to Third Party Sites
We are not responsible for any and all liability arising from your use of any third party website. GroupGolfer disclaims any representations regarding the content or accuracy of materials on third-party websites linked to our Site. We do not control the content, privacy policies, or practices of third party websites that we may link to or the companies that own them.
Third-Party Content
Other than authorized GroupGolfer employee spokespersons acting in official capacities, GroupGolfer is not responsible for the accuracy or reliability of any opinion, advice, or statement made on GroupGolfer. Any content made available by third parties, or any other end users is not the responsibility of GroupGolfer. All Users have the responsibility to evaluate the accuracy, completeness, or usefulness of any content available through GroupGolfer. GroupGolfer shall not be liable for any loss or damage caused by an end user’s reliance on information obtained through GroupGolfer.
Changes to Terms and Termination
GroupGolfer reserves the right at all times to change the terms of this Agreement, and any such modifications become effective immediately upon being posted to the Site. It is End User’s sole responsibility to view any such changes we may have made to this Agreement by periodically checking the Site. Among other things, changes may include the adding of certain fees or charges. You must cease use of the Site and Services if you do not agree to any changes if and when such changes may be made to the Agreement. Any use of the Site by End User after any modifications to the Agreement indicates that you agree to such modified Agreement. We may terminate this Agreement for any reason, without prior notice. You will immediately cease access to the Site and Services in the event of any termination.
Property Rights
GroupGolfer is a trademark of GroupGolfer LLC and all rights in respect of this trademark are hereby expressly reserved. We and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. Except for the limited right to use the Site and Services in accordance with this Agreement, you are not granted any license by virtue of this Agreement. All rights that are not expressly granted to you in this Agreement are reserved by us. Other product and company names on the Site may be trademarks of their owners. All Content on GroupGolfer, excluding Content posted by our customers, and intellectual property of linked third party sites, is the exclusive property of GroupGolfer. This includes, without limitation, the graphics, photos, text, scripts, sounds, software, interactive features and the logos, trademarks and service marks. The logos, trademarks and service marks are subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions, and are owned or licensed to GroupGolfer. GroupGolfer reserves all rights not expressly granted in and to the Site. Trademarks located on the Site otherwise owned or operated in conjunction with GroupGolfer shall not be deemed to be in the public domain but rather the exclusive property of GroupGolfer. Content on our Site is for your information and personal use only and may not be modified, reproduced, distributed, displayed, broadcast, transmitted, licensed, sold, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree to grant to us an non-exclusive, fully paid, royalty-free, perpetual, irrevocable, worldwide license, with rights to sublicense through multiple levels of sublicensees, to use, sell, import, offer for sale, distribute, reproduce, make derivative works of, translate, publicly perform and publicly display in any form or medium, whether now known or later developed or otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site.
Copyright Policy
If you are a copyright owner or an owner's agent and find Content that infringes upon your copyrights, you may submit a notification to our Copyright Agent with the following information in writing: (a) An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification and location of the copyrighted work that you claim to have been infringed; (c) your name and contact information, such as telephone number or e-mail address if available; (d) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (e) A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. GroupGolfer's designated Copyright Agent to receive notifications of claimed infringement can be reached at support@groupgolfer.com.
No Warranty
We make this Site available "as is", "with all faults" and "as available." end user expressly agrees that use of this site is at end user’s sole risk. GroupGolfer and our Merchants make no express warranties or guarantees about the Site, Services or Deals. GroupGolfer and our officers, directors, agents, vendors, and merchants disclaim to the maximum extent permitted by law, implied warranties that the site and services are non-infringing, merchantable, of satisfactory quality, timely, fit for a particular purpose or need, or accurate. We do not guarantee that the results that may be obtained from using our Site or purchasing Vouchers will be effective, reliable, and accurate or meet your requirements. We do not guarantee that our Site will meet your requirements, is error-free, reliable, without interruption or available at all times. Other than as stated in our privacy policy, we make no warranties as to privacy and security do not guarantee that you will be able to access or use the site or services at all times or locations. GroupGolfer disclaims any representations, warranties and conditions whether express or implied, including, but not limited to, those of title noninfringement, merchantability, and fitness for a particular purpose.
Release of Liability
GroupGolfer, our officers, directors, agents, vendors, merchants, and affiliates, shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon the site and services. In no event shall our liability, or the liability of our officers, directors, agents, vendors, merchants, or affiliates, for any and all claims relating to the use of the site and services exceed the total amount of fees User paid us during the previous one-year period for the specific service at issue. Even if we knew or should have known of the possibility of such damages, these exclusions apply to any claims for computer failure or malfunction, lost data, lost profits, loss of goodwill, work stoppage, or any other commercial damages or losses. GroupGolfer’s liability, and the liability of our officers, directors, agents, vendors, merchants, and affiliates, shall be limited to the extent permitted by law if any jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages. User’s sole remedy for any dispute with us is to discontinue your use of our Site.
Indemnification
User agrees to defend, indemnify and hold harmless GroupGolfer, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (a) your violation of any term of this Agreement; (b) your use of and access to the GroupGolfer Site; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the GroupGolfer Site.
Reservation of Rights
We reserve the right, but have no obligation, to monitor, or take any action regarding disputes that you may have with other Users of ours or any Merchants of GroupGolfer.
Release
You release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any Merchants.
Arbitration
User agrees that any claim, dispute, or controversy User may have against GroupGolfer connected in any way with this Agreement, this Site or the purchase or sale of any Voucher(s), shall be resolved by final and binding arbitration administered by the American Arbitration Association and held in Michigan while applying Michigan Law. There shall be no authority for any claims to be arbitrated on a class or representative basis. Arbitration can decide only the User’s and/or GroupGolfer’s individual claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. You agree that any cause of action arising out of or related to GroupGolfer must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
No Partnership
You and GroupGolfer are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement.
Assignment
You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid.
Entire Agreement and Severability
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. If any provision of this Agreement is found to be invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder. Our rights under this Agreement will survive any termination of this Agreement.