OPERATION 36 TERMS OF USE AND END USER LICENSE AGREEMENT
Welcome to operation36.golf and related websites, and their web pages, interactive features and applications, their respective contents, and any other associated interactive content, whether accessed via computer, mobile device or other technology (collectively, the “Site”), which is owned and operated by Golf Genius Software, Inc.. (“we,” “us,” or “our”).
These Terms of Use and End User License Agreement (“Terms”) apply to the Site and the interactive features offered through the Site (the “Services”). Your use of the Services is governed by these Terms regardless of how you access the Services. Additional terms and conditions may also apply to specific services or features of the Services, including promotions or other similar features; such additional terms and conditions are considered incorporated into the Terms. By accessing or using the Services, you acknowledge that you have read, understood and agree to the Terms. If you do not agree to the Terms, you are not authorized to use or access the Services.
1. Ownership.
The Services and all content provided on or via the Services is either owned or used under license by us, and is protected by U.S. and international copyright and other intellectual property laws (“OP-36-IP”). Any rights not expressly granted to you in these Terms are reserved by us and our licensors. OP-36-IP may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any OP-36-IP. Nothing in these Terms grants you any right to receive delivery of a copy of any OP-36-IP or to obtain access to OP-36-IP except as generally and ordinarily permitted through the Site according to these Terms. Furthermore, nothing in these Terms will be deemed to grant you, by implication, estoppel or otherwise, a license to OP-36-IP. All trademarks and service marks adopted by OP-36, to identify the Services, or any component thereof, including, without limitation, the mark “Operation 36” and variations thereof, belong exclusively to us.
2. Users.
You promise that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we believe or suspect that such information is untrue, inaccurate, not current or incomplete, we may deny or terminate your access to the Services (or any portion thereof). In order to use the Services, you must set up an account with us (“Account”). When you set up an Account, you are required to provide your email address and select a unique password to access the Services. You may not transfer or share your Account with any third parties. You are solely responsible for maintaining the confidentiality of your Account log-in information, including but not limited to taking steps to prevent unauthorized access by safeguarding your log-in information. You are solely responsible for any and all use of your Account and all activities that occur through your Account.
3. Use of Services.
After establishing your Account, Operation 36 program features or portions thereof (“OP-36-Content”) may be made available to you through the Services.
Subject to your compliance with the Terms, we grant you a personal, limited, non-exclusive license, solely for your personal educational and/or professional development purposes, (i) to access and view OP-36-Content for which you have acquired a license and (ii) to otherwise participate in Operation 36 program features. Except for the foregoing limited license, all rights in OP-36-Content are reserved by us and our licensors. Any other use of OP-36-Content, including without limitation the public performance or display of any OP-36-Content, is strictly prohibited.
You agree not to: (i) attempt to reconstruct, identify or discover any source code, underlying user interface techniques or algorithms of the Services by any means, or disclose any of the foregoing; (ii) provide, rent, lease, lend, or use the Services for timesharing, subscription, or service bureau purposes; or (iii) sublicense, transfer or assign any of the rights or licenses granted under this Agreement. You shall not make available nor distribute unauthorized copies or transmissions of OP-36-Content to any third party. You shall immediately notify us if you discover or are informed of any infringements or potential infringements of our intellectual property rights, including, without limitation, any unauthorized use of OP-36-Content, or other OP-36-IP, by third parties. You may not allow third parties to access the Services and must comply with all of the Terms herein.
OP-36-Content and all other features, attributes or aspects of the Services are subject to change, modification, additions or deletions at any time without notice in our sole discretion. We reserve the right to remove OP-36-Content from the Services at any time in our sole discretion without any notice or liability to you.
In order to access and use the Services, you will need an internet connection and a compatible device that meet performance and system specifications that we establish from time to time. You are responsible for all internet access and data charges, and for obtaining a compatible device. You acknowledge that the quality of streamed OP-36-Content will vary depending on your device and Internet connection quality. You shall be solely responsible for the security of your computer and networking systems used to access the Services.
Personally identifiable information submitted by you shall be subject to the Site’s Privacy Policy available at https://operation36.golf/privacy
If you are under the age of 13, you are not permitted to create an account or submit any personal information to the Site unless your parent has created an account for you.
4. Modifications.
We may change the terms of these Terms of Service from time to time on a going-forward basis. We will notify you of any such changes by posting notice of the changes through the Site or Services, and/or, in our sole discretion, by email. Any such modifications become effective upon the earlier to occur of (i) your acknowledgement of such modifications; or (ii) your continued access to and/or use of the Services after we post notice of such modifications. It is your sole responsibility to check the Site from time to time to view any such changes to the terms in the Terms of Service. If you do not agree to any changes, if and when such changes may be made to the Terms of Service, you must stop using the Services. You give us permission to email you for the purpose of notification as described in this Section.
5. Disclaimer of Warranties.
THE SERVICES ARE PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6. Indemnification.
You shall indemnify, defend and hold us and our directors, officers, employees, agents and affiliates harmless from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) to the extent attributable to your breach of these Terms.
7. LIMITATION OF LIABILITY.
WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, REVENUE OR SAVINGS, LOSS OF GOODWILL, OR THE LOSS OF USE OF ANY DATA, EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. YOU ACKNOWLEDGE THAT THE LIMITATIONS SET FORTH HEREIN REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND AGREED TO BY US, AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON OUR LIABILITY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
8. Electronic Communications.
The communications between you and us use electronic means, whether through the Site or Services or via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
9. Mobile Services.
If, as permitted or available through any feature of the Services, you access the Services using text messaging or a mobile device or application, you are responsible for any and all service fees associated with any such mobile access, including all applicable data fees, and for complying with all terms of use imposed by the carrier.
10. Feedback.
By sending us any ideas, comments, suggestions, questions or other material, you grant us an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such material in any manner, including in connection with our business, and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose. You agree that no comments or other information submitted by you to us will violate any personal or proprietary right of any third party (including, without limitation, copyright, trademark or trade secret rights). You agree that you shall remain solely liable for the contents of any comments or other information submitted by you to us. You also agree that we are under no obligations of confidentiality, whether express or implied, with respect to any ideas, comments, suggestions, questions or other material you send us.
11. Third-Party Content.
The Site and Services may contain links to websites not operated by us. Any linked websites are provided for convenience, we do not control such websites, and we are not responsible for the content, products, services, or practices, including privacy and data gathering practices, of any such websites. Inclusion of linked websites does not constitute or imply any endorsement of the materials on the linked websites or any association with their operators. If you decide to leave the Site and access a linked site, you do so at your own risk and you should be aware that, unless otherwise indicated, these Terms no longer govern.
12. General Terms.
You are responsible for compliance with all applicable laws. These Terms and the relationship between you and us will be governed by the laws of the State of North Carolina, U.S.A., without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state. These Terms are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms constitute the complete and exclusive agreement between you and us with respect to their subject matter, and supersede all prior oral or written understandings, communications or agreements. If, for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision of the Terms will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms will continue in full force and effect.
Last Updated: February 1st, 2022.
