SwingPass Terms of Use

Last updated: April 29, 2023

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the http://swingpassgolf.com website (the "Service") operated by SwingPass Inc. ("us", "we", or"our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The Service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Member Benefits

SwingPass Member Benefits may be provided by us or by third parties unrelated to us. We take reasonable care to ensure that SwingPass Member Benefits provided by third parties meet certain standards however we are unable to guarantee that Member Benefits provided by third parties meet these standards and therefore accept no liability for:

1. any use of your personal information by a third party except as otherwise provided for in our Privacy Policy;
2. any failure of a third party to provide SwingPass Member Benefits;
3. a failure by a third party to comply with the terms of any transaction entered into.

We are not a party to any transaction entered into between you and any third party which provides Member Benefits and we are not responsible for any transactions resulting from relationships between you and third parties.

All Member Benefits are subject to availability and other terms and conditions which may be imposed by us or by third parties.

Membership Benefits are available to Members only and cannot be sold, transferred, assigned or otherwise dealt with except with our written consent.

We may suspend, vary or withdraw any of the Membership Benefits without notice.

Membership Obligations

Your use of the Membership, and information you provide must not:

1. be false, inaccurate or misleading;
2. be fraudulent or deceptive;
3. infringe any third party's copyright, patent, trademark, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy;
4. violate any Applicable Laws (including those governing consumer protection, unfair competition, criminal law, anti-discrimination or trade practices law);
5. be defamatory, libellous, unlawfully discriminatory, threatening or harassing;
6. create liability for us or cause us to lose (in whole or in part) the ability to provide Membership of the Membership Benefits we offer;
7. damage the credibility or integrity of the Membership or us, or dilute, tarnish, or otherwise harm our brand in any way;
8. breach or violate any of our policies;
9. abuse or misuse the Membership, any Member Benefits, services or arrangements;
10. be for any purposes that are not permitted by these Terms and Conditions or in any way that is inconsistent with the purpose of the Membership, or in a manner that falsely implies endorsement, partnership or otherwise misleads others as to your affiliation with us;
11. be for unlawful or dangerous activities or purposes;
12. be in a manner that directly or indirectly attempts to circumvent payment of any fees.

Prohibited Conduct

Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:

• Harass, threaten, stalk, disrupt or defraud users, members or staff of SwingPass or associated third parties or SwingPass partner facilities, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
• Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user's account or signing up for more than one account;
• Share SwingPass passwords with any third party or encourage any other user to do so;
• Permit anyone to use any events or services booked under your own membership, including other members;
• Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Service;
• Misrepresent the source, identity, or content of information transmitted via the Service, including deleting the copyright or other proprietary rights or notices from any portion of the Service;
• Upload material (e.g. virus) that is damaging to computer systems or data of SwingPass or users of the Service or otherwise use the Service in any manner that could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Service;
• Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
• Upload or send to Service users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
• Decompile, reverse engineer or disassemble the Service, in whole or in part, except as may be permitted by applicable law;
• Link to, mirror or frame any portion of the Service;
• Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service;
• Attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks or interfere or attempt to interfere with the proper working of the Service or any activities conducted via the Service;
• Make unsolicited offers, advertisements, proposals, or send junk mail or "spam" to users;
• Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, any features that prevent or restrict use or copying of any content accessible through the Service, or any features that enforce limitations on the use of the Service or the content therein;
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service;
• Modify the Service in any manner or form, nor to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service;
• Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service;
• Use the Service for or in connection with any purpose that is unlawful or prohibited by these Terms.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Course/Facility Policies

You assume personal responsibility for any and all damages you cause to the property hosting a SwingPass event, or the damages you cause to a SwingPass partner facility when visiting, including, but not limited to, the course itself, course facilities (clubhouse, pro shop, bathroom, dining room, bar, etc.), course equipment (carts, push carts), and parking facilities. You will be responsible for any costs or expenses associated with damage you cause to the property.

1. You agree to abide by all course-specific policies set forth by the golf facility hosting a SwingPass event or acting as a SwingPass partner facility when you visit.
2. You agree to release owners of the golf facility or SwingPass partner facility, and their employees or agents, from any liability for injury to you or your property resulting from the operation of the cart, except due to the extent caused by the negligence of the releases.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of SwingPass Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SwingPass Inc..

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by SwingPass Inc..

SwingPass Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that SwingPass Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Membership Cycle and Refunds

Both the Basic and Basic + GHIN memberships will be valid from 5/1/2023-4/1/2024. Any memberships purchased before 4/1/2024 will only be valid until 4/1/2024. Purchases of either membership are non-refundable.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless SwingPass Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Grant of Rights

Any photos or video you are featured in that are taken during a SwingPass event by SwingPass may be used for website content, social media content, advertising, and any other forms of photo/video use related to promoting SwingPass as a business. No compensation will be paid with respect to SwingPass' use of aforementioned photos.

Injury

You voluntarily assume all risk and danger of property loss and personal injury incidental to the game of golf and related activities when involved with activities associated with the Service, during a SwingPass event, or at a SwingPass partner facility, including specifically (but not exclusively) those relating to the structure and conditions of the golf facility and equipment, and the danger of being injured by flying objects including clubs and golf balls. To the extent permitted by law, you irrevocably waive all claims of any nature against SwingPass, and release and discharge SwingPass from all claims, liability, costs, expenses, damages or losses (whether direct or consequential and whether arising under statute, from negligence, personal injury, death, property damage or otherwise) arising from or in connection with the Service, notwithstanding that it may have been caused by the negligent act or omission on the part of SwingPass.

You release owners of the golf facility hosting the event, SwingPass, and any of either of their subsidiaries, affiliates, officers, directors, agents, and employees from any liability related to personal injury that occurs while using the Service or anything in relation to the Service.

Limitation Of Liability

In no event shall SwingPass Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

SwingPass Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.