Terms Of Service

Terms of Service Agreement

March 2023

Thank you for choosing to use the mobile application (“App”) created by X Golf America, Inc. (“X Golf”). By using our App, you agree to be bound by the following Terms of Service (“Agreement”). This Agreement is a legally binding contract between you and X Golf. Please read these terms carefully before using the App.

  1. Acceptance of Terms

By downloading, installing, or using the App, you agree to be bound by this Agreement, the Privacy Policy and agree to comply with all terms and conditions hereof. You represent and warrant that you have the legal capacity to enter into this Agreement [IS THERE A MINIMUM AGE REQUIREMENT TO USE THE APP OR REQUIREMENT TO BE A US RESIDENT]. If you do not agree to be bound by this Agreement, please do not use the App.  The right to use the App is personal to you and is not transferable to any other person or entity.  To the extent you register for or otherwise create an account via the App, you are responsible for all use of your account (under any screen name or password) and for ensuring that all use of your account complies fully with the provisions of this Agreement.  You shall be responsible for protecting the confidentiality of your password(s), if any.  X Golf shall have the right, at any time, to change or discontinue any aspect or feature of the App, including, but not limited to, content, hours of availability and equipment needed for access or use.

  1. License

X Golf grants you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use only. X Golf retains all rights, title, and interest in and to the App and any associated intellectual property rights.

  1. User Information

To use certain features of the App, X Golf may require you to provide certain information, including but not limited to your name, email address, phone number, and address. Additionally, while using this application, X Golf may collect and store your golf stats. By using the App, you agree that all information you provide to X Golf is accurate and complete, and you agree to update your account information promptly if there are any changes.

  1. Availability of Features

Please note that certain features, tournaments, or other offerings may not be available in areas outside of operations or outside of scoped event planning. X Golf reserves the right to change, impose new conditions (including, but not limited to, adding fees and charges for use), suspend, or discontinue any aspect of the App at any time without notice.  Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means, including, but not limited to, posting with the App, or by electronic or conventional mail, or by any other means by which you obtain notice thereof.  Any use of the App by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications, additions or deletions.

  1. Prohibited Conduct

You agree not to use the App for any unlawful or harmful purpose, including but not limited to:

(a) uploading, transmitting, or distributing any content that is unlawful, threatening, defamatory, harassing, invasive of privacy or publicity rights, vulgar, abusive, obscene, profane or otherwise objectionable;

(b) interfering with or disrupting the App or servers or networks connected to the App;

(c) attempting to gain unauthorized access to any portion of the App, or any other systems or networks connected to the App, or to any of the services offered on or through the App, by hacking, password “mining,” or any other illegitimate means;

(d) using any device, software, or routine to interfere with the proper functioning of the App;

(e) reverse engineering, decompiling, or disassembling the App or attempting to do so; or

(f) circumventing, disabling or otherwise interfering with any security-related features of the App; or

(g) advertising or performing any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the App.

  1. Termination

X Golf reserves the right, in its sole discretion, to terminate this Agreement or to suspend or terminate your access to the App at any time and for any reason. Upon termination, you must immediately cease all use of the App.

  1. Indemnification

You agree to indemnify, defend, and hold harmless X Golf, its affiliates, and their respective officers, directors, employees, agents, parent, subsidiaries and licensors (collectively, the “X Golf Parties”) from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from your use of the App, your violation of this Agreement, any content you transmit via the App, your infringement of any intellectual property or other right of any person or entity or a violation by you of applicable law or any agreement or terms with, or rights of, a third party.  To the fullest extent permitted by law, we reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Agreement.  In such circumstance, you shall provide us with such cooperation as is reasonably requested by us.

  1. Disclaimer of Warranties

THE APP IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, X GOLF AND THE X GOLF PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  1. Limitation of Liability

IN NO EVENT SHALL X GOLF OR THE X GOLF PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT X GOLF OR THE X GOLF PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. Any legal action or proceeding arising under this Agreement or related to the App shall be brought exclusively in the federal or state courts located in the County of Los Angeles, California, and you and X Golf agree to submit to the personal jurisdiction of such courts.

  1. Entire Agreement

This Agreement constitutes the entire agreement between you and X Golf regarding your use of the App and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and X Golf.

  1. Modification

X Golf reserves the right, in its sole discretion, to modify or update this Agreement at any time by posting the updated Agreement on the App. Your continued use of the App after any such changes constitutes your acceptance of the new Agreement.

  1. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

  1. Waiver

The failure of X Golf to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by X Golf in writing.

  1. Contact Information

If you have any questions about this Agreement or the App, please contact X Golf America at info@xgolfamerica.com.