Terms of Service

Last Updated: Date October 21, 2024

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. BY USING THE SITE OR ANY ONLINE SERVICES YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SITE OR THE ONLINE SERVICES.

01Introduction

Welcome to TeeTimeTrader, the mobile and web service operated by Loop Golf Inc. ("TeeTimeTrader," "we," "us," or "our"). This Agreement contains the terms and conditions that govern your access to and use of the TeeTimeTrader website and mobile application (collectively, the "Service").

By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement ("Agreement") and to the collection and use of your information as set forth in the TeeTimeTrader Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service ("Users"). here.

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

02TeeTimeTrader Marketplace

2.1. Platform Description: TeeTimeTrader provides an online marketplace that allows users to buy and sell tee times for golf courses. As a marketplace, we act as an intermediary between buyers and sellers. We also reserve the right to sell tee times directly.

2.2. No Endorsement: Unless expressly stated by TeeTimeTrader, the display of any tee times or sellers on our Service does not imply our endorsement of those tee times or that seller.

2.3. Tee Times: The price for resale tee times may be set at, above, or below the original price. TeeTimeTrader makes no guarantee regarding the transferability of tee times. It is the responsibility of both the buyer and seller to ensure compliance with individual golf course policies regarding the transfer or resale of tee times.

2.4. Buying Tee Times: Buyers are solely responsible for completing their transactions, including the payment of applicable fees. By committing to purchase a tee time, you are entering into a binding contract with the seller. All sales are final, and you cannot change or cancel orders after the sale is complete.

2.5. Selling Tee Times: By listing a tee time for sale, you are making a binding offer to sell that tee time to a buyer who purchases it at the listed price. You are responsible for ensuring that any tee time you list is valid and available. If you deliver incorrect, misrepresented, invalid, or fraudulent tee times, you may be subject to penalties as outlined in this Agreement.

03Account Registration and Security

3.1. Account Creation: To access certain features of the Service, you may be required to register for an account. You must provide accurate, current, and complete information during the registration process and keep your account information up-to-date at all times.

3.2. Account Responsibility: You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you believe your account has been compromised, you must immediately notify TeeTimeTrader.

3.3. Identity Verification: TeeTimeTrader reserves the right to implement identity verification processes for buyers and sellers. You agree to provide any additional information and documentation that may be required for such verification processes.

04User Conduct

4.1. Prohibited Activities: You agree not to engage in any of the following prohibited activities:

a) Violating any applicable laws, regulations, or third-party rights
b) Interfering with or disrupting the Service or servers or networks connected to the Service
c) Attempting to gain unauthorized access to any part of the Service
d) Using the Service for any illegal or unauthorized purpose
e) Harassing, threatening, or intimidating other users
f) Posting false, inaccurate, or misleading information
g) Impersonating any person or entity or falsely stating or misrepresenting your affiliation with a person or entity
h) Attempting to manipulate prices or feedback ratings

4.2. Content Standards: Any content you post or provide through the Service must comply with all applicable laws and regulations and must not:

a) Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights
b) Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
c) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
d) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations

05Fees and Payments

5.1. Service Fees: TeeTimeTrader charges fees for buying and/or selling tee times through our Service. These fees may vary based on factors such as the price of the tee time, the golf course, demand, and other market conditions. The applicable fees will be disclosed to you prior to completing a transaction.

5.2. Payment Processing: Payments are processed through our third-party payment processor, Stripe. By using the Service, you agree to be bound by Stripe's Connected Account Agreement.

5.3. Seller Payouts: TeeTimeTrader will withhold payment to sellers until 24 hours after the scheduled tee time to ensure there are no issues with check-in. If no disputes are filed within this period, the payment will be released to the seller.

06Buyer Guarantee and Dispute Resolution

6.1. Buyer Guarantee: TeeTimeTrader offers a Buyer Guarantee to protect buyers in case of certain issues with their purchased tee times. Details of the guarantee will be provided separately and may be updated from time to time.

6.2. Filing a Dispute: Buyers have 48 hours after the scheduled tee time to file a dispute if they experience issues with their purchase.

6.3. Dispute Resolution Process:
a) Once a dispute is filed, the seller has 72 hours to respond.
b) TeeTimeTrader will then have 5 business days to investigate and make a decision.
c) TeeTimeTrader's decision in resolving disputes is final and binding.

6.4. Refunds: If a refund is issued as a result of a dispute, it will be processed through the original payment method used for the purchase.

07Cancellations and Refunds

7.1. By Buyers: All sales are final. Buyers cannot cancel or change orders after the sale is complete, except as provided under the Buyer Guarantee.

7.2. By Sellers: Sellers who cancel confirmed sales may be subject to penalties, including fees and potential account suspension.

7.3. By TeeTimeTrader: We reserve the right to cancel any transaction for any reason, including but not limited to suspected fraud or violation of our policies.

08Intellectual Property

8.1. Ownership: The Service and its original content, features, and functionality are owned by TeeTimeTrader and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

8.2. License: Subject to this Agreement, TeeTimeTrader grants you a limited, non-exclusive, non-transferable, and revocable license to use the Service for its intended purpose.

8.3. Restrictions: You may not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material on our Service without prior written consent from TeeTimeTrader. issues.

09Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and disclose information about you.

10Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TEETIMETRADER DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TEETIMETRADER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
c) ANY CONTENT OBTAINED FROM THE SERVICE;
AND d) 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.

12Indemnification

You agree to defend, indemnify, and hold harmless TeeTimeTrader 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, b) your violation of any term of this Agreement, c) your violation of any third-party right, including without limitation any copyright, property, or privacy right or d) any claim that your content caused damage to a third party.

13Governing Law and Arbitration

13.1. Governing Law: This Agreement shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

13.2. Arbitration Agreement: Please read this section carefully as it affects your rights.

a) Agreement to Arbitrate: You and TeeTimeTrader agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

b) Arbitration Procedures: The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect.

c) Class Action Waiver: YOU AND TEETIMETRADER AGREE THAT EACH MAY 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.

d) Opt-out Right: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions by sending written notice of your decision to opt-out to support@teetimetrader.co within 30 days of your first use of the Service.

14Modifications to the Service and Agreement

TeeTimeTrader reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We may revise this Agreement from time to time. The most current version will always be posted on our website. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Agreement.

15Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Agreement. Upon termination, your right to use the Service will immediately cease.

16Relationship with Golf Courses

16.1. No Official Affiliation: Unless explicitly stated otherwise, TeeTimeTrader is not affiliated with, authorized by, endorsed by, or in any way officially connected with any golf course or golf course operator whose tee times are listed on our Service.

16.2. Independent Platform: TeeTimeTrader operates as an independent platform that facilitates the buying and selling of tee times between users. We do not have direct relationships with golf courses unless specifically stated on our platform.

16.3. No Guarantees: TeeTimeTrader does not guarantee that the sale or transfer of tee times through our platform is permitted by all golf courses. Users are responsible for verifying and complying with individual golf course policies regarding the transfer or resale of tee times.

16.4. Information Accuracy: While we strive to provide accurate information about golf courses and tee times, we cannot guarantee the accuracy, completeness, or reliability of such information. Users should verify any critical information directly with the golf course.

16.5. Course Policies: Golf courses may have their own policies, rules, and requirements for tee times, including but not limited to dress codes, cancellation policies, and check-in procedures. Users are responsible for familiarizing themselves with and adhering to these policies.

16.6. Right of Refusal: Golf courses retain the right to refuse service or deny access to individuals, even if they have purchased a tee time through our platform. TeeTimeTrader is not responsible for any such refusals or denials.

16.7. Disputes with Golf Courses: Any disputes arising between users and golf courses are solely between those parties. TeeTimeTrader is not responsible for mediating or resolving such disputes.

17Contact Us

If you have any questions about this Agreement, please contact us at support@teetimetrader.co

By using the Service, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms and conditions.